ARBITRATION

Definitions

18. (1) In this section.

"Court" has the meaning given that term by the Judicature Ordinance of the Northwest Territories or its successor;

"Inuvialuit" includes Inuvialuit acting individually, collectively or through duly authorized representatives;

"Judge" has the meaning given that term by the judicature Ordinance of the Northwest Territories or its successor;

"panel" means a panel of the Arbitration Board formed pursuant to this section.

Arbitration Board

18. (2) A quasi-judicial arbitration body is hereby established to be known as the Arbitration Board.

18. (3) The Arbitration Board shall have eleven (1 1) members, including a Chairman and a Vice-Chairman.

Formation of Panels

18. (12) Any issue for arbitration involving the Inuvialuit and Industry or the Inuvialuit and Canada shall be referred to a panel of five (5) members of the Arbitration Board, two (2) of whom shall be designated by each of the interested parties, and the Chairman or Vice-Chairman. as designated by the Chairman. If one of the interested parties is Canada, one of its panel members shall be designated by the Territorial Government in whose jurisdiction the matter arose.

Initiation of Arbitration

18. (15) Except as otherwise provided by this Agreement, Canada, the Inuvialuit or Industry may initiate arbitration by giving notice to the other party to the dispute and a copy to the Chairman of the Arbitration Board for circulation to all members of the Board. Where a matter for arbitration is within the jurisdiction of the Government of the Northwest Territories or Yukon Territory. Canada agrees to initiate arbitration on request by the Territorial Government.

Procedure and Evidence

18. (21) The hearing of the Arbitration Board shall cornmence with the party initiating the arbitration presenting its case summarized in writing and supported by witnesses available for cross-examination. The other party or parties shall similarly present their cases followed by any intervenor. The claimant shall have a final right of rebuttal after which argument shall be made by the parties in the same order, consisting of a summary of the facts alleged and an explanation of any legal propositions advanced.

Award and Costs

18. (27) The panel shall make its award in writing within three (3) months after the hearing or at any other date to which all the parties to the arbitration agree in writing.

18. (28) Notice of the award shall be delivered to all parties to the arbitration and shall be enforced in the same manner as a judgement or an order of a Court

18. (29) Subject to subsection (31), the award of the Arbitration Board is final and binding on all parties and on any persons claiming under the parties.