Arbitration and the IRSSA

I argue that the Independent Assessment Process (IAP) of the Indian Residential Schools Settlement Agreement should have been considered an arbitration. After briefly describing the IAP, I identify a test for determining whether a process is an "arbitration" according to the case law. I argue that the IAP meets this test. I then argue that treating the IAP as an arbitration would have clarified the availability of judicial recourse from IAP decisions, the role of the supervising courts, the role of the Chief Adjudicator, and the relevance of procedural fairness in IAP decision-making.