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Arbitration
BACKGROUND
Arbitrations are essentially private litigation - that is, procedures contractually agreed to resolve disputes by (usually) commercial parties, to the (attempted) exclusion of the courts. The parties can range from two or more sophisticated actors where the arbitration agreement is with respect to their contract, to - on the other hand - 'contracts of adhesion' with one sophisticated contractor on one side and any number of (usually consumers) parties 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' 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.
GENERAL
Arbitration Cases - General
Arbitration Cases - Jurisdiction (+)
APPEALS, JUDICIAL REVIEWS AND SET-ASIDES
Arbitration Cases - Court Appeals [s.45]
Arbitration Cases - Judicial Review
Arbitration Cases - Court Set-Aside [s.46]
Arbitration Cases - Court Appeal-Set-Aside Time Limits [s.47]
Arbitration Cases - Standard of Review
APPOINTMENT OF TRIBUNAL
Arbitration Cases - Appointment of Tribunal [s.10]
ARBITRATION ACT, 1991
Arbitration Act, 1991 (Ont)
BIAS IN ARBITRATOR
Arbitration Cases - Bias in Arbitrator
COMMERCIAL ARBITRATION ACT
Arbitration Cases - Commercial Arbitration Act (CAA)
Commercial Arbitration Act (Fed)
COMMERCIAL MEDIATION ACT, 2010
Commercial Mediation Act, 2010 (Ont)
COMPETENCE-COMPETENCE PRINCIPLE
Arbitration Cases - Competence-Competence Principle (+)
CONSUMER PROTECTION ACT 2002
The Consumer Protection Act 2002 expressly allows 'consumers' to commence class proceedings, and limits the extent to which contractual arbitration is binding after such disputes arise.
Consumer Protection Act, 2002 s.8(1-4) Class proceedings (2/2)
FAIRNESS, PROCEDURAL
Arbitration Cases - Fairness
INTERNATIONAL COMMERCIAL ARBITRATION ACT, 2017
Arbitration and the International Commercial Arbitration Act (Ontario) (+) Cases
International Commercial Arbitration Act, 2017 (Ont)
STAYS
Arbitration Cases - Stays (+)
TORT CLAIMS AND ARBITRATION
Arbitration and Tort Claims
UNCONSCIONABILITY
Arbitration Cases - Unconscionability
UNITED NATIONS FOREIGN ARBITRAL AWARDS CONVENTION ACT (UNFAACA)
Arbitration Cases - United Nations Foreign Arbitral Awards Convention Act (UNFAACA)
United Nations Foreign Arbitral Awards Convention Act (Fed)
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