NCJ Number
93979
Journal
Canadian Business Law Journal Volume: 7 Issue: 2 Dated: (December 1982) Pages: 197-223
Date Published
1982
Length
27 pages
Annotation
This article discusses arbitration, its benefits, and its form in the various provinces of Canada. Mediation, conciliation, and arbitration have many advantages over proceedings in the normal court system.
Abstract
Mediations and conciliation are the least formal of the alternative methods of dispute settlement and are sometimes used as a first attempt to resolve the conflict. Arbitration is a more formalized method of dispute settlement than mediation or conciliation. In arbitration, a disagreement is submitted to one or more impartial arbitrators outside the court system with the understanding that both parties will abide by the decision reached. The decision given by the arbitrator is binding. Laws regarding arbitration are similar among the provinces, with Ontario law being regarded as representative. The arbitrator derives his power from the voluntary submission of the parties. He must confine his considerations to questions within the scope of the reference. Witnesses must testify under oath. Any party may subpoena witnesses and require the production of documents. The award is final and binding. The law in Quebec calls for more mandatory conditions regarding arbitration proceedings. Quebec allows arbitration by advocate in cases in court or prepared for court. This function serves as a way around congested court lists. Ad hoc arbitration allows the parties more flexibility, provided they conform to the madatory rules. In institutional arbitration, the parties choose to have recourse to the permanent facilities made available to them by an established arbitration center and to submit to that center's rules. A total of 100 notes is included. Appendixes include a listing of provincial arbitration acts, a table delineating locations of equivalent sections in provincial codes, and the schedule of the Ontario Arbitration Act.