Rarotonga, 2010

Simon's Legal Resources

(Ontario)

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Associated Site
Canadian Animal Law

TOPICS

Arbitration

Arbitrations are essentially private litigation - that is, procedures contractually agreed to resolve dispute by commercial parties, to the (attempted) exclusion of the courts. They can range from two or more sophisticated parties where the arbitration agreement is with respect to one contract, to - on the other hand - 'contracts of adhesion' with one sophisticated contractor on one side and one of many (usually consumers) on the others. Arbitration is a common feature of international contract law.

In Ontario, there is an Arbitration Act which sets out basic rules for arbitrations, a sort of 'minimum standards' statute to avoid the worst excesses to which the phenomenon is subject. I find most of the interesting litigation involves consumer issues, where contractual provisions attempt to compel arbitration in international 'venues' (where the case may be heard by a country and a forum) that favour the larger party. Class actions have tried to counter this obvious, though often legal, abuse. Arbitration is also a common feature of labour law, though those case are located in the 'Labour' section.


CASES

Arbitration - General
Arbitration - Jurisdiction
Arbitration - Competence-Competence Principle
Arbitration and the International Commercial Arbitration Act (Ontario)
Arbitration and Tort Claims
Arbitration - Stays
Arbitration - Judicial Review
Arbitration - Set-Aside


ONTARIO STATUTES

Arbitration Act, 1991
International Commercial Arbitration Act, 2017


FEDERAL STATUTES

United Nations Foreign Arbitral Awards Convention Act

[last edit 06 Nov 2022]

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