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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 Dicta - General
Arbitration Dicta - Jurisdiction (+)
APPEALS, JUDICIAL REVIEWS AND SET-ASIDES
Arbitration Dicta - Court Appeals [s.45]
Arbitration Dicta - Judicial Review
Arbitration Dicta - Court Set-Aside [s.46]
Arbitration Dicta - Court Appeal-Set-Aside Time Limits [s.47]
Arbitration Dicta - Standard of Review
APPOINTMENT OF TRIBUNAL
Arbitration Dicta - Appointment of Tribunal [s.10]
ARBITRATION ACT, 1991
Arbitration Act, 1991 (Ont)
BIAS IN ARBITRATOR
Arbitration Dicta - Bias in Arbitrator
COMMERCIAL ARBITRATION ACT
Arbitration Dicta - Commercial Arbitration Act (CAA)
Commercial Arbitration Act (Fed)
COMMERCIAL MEDIATION ACT, 2010
Commercial Mediation Act, 2010 (Ont)
COMPETENCE-COMPETENCE PRINCIPLE
Arbitration Dicta - Competence-Competence Principle (+)
FAIRNESS, PROCEDURAL
Arbitration Dicta - Fairness
INTERNATIONAL COMMERCIAL ARBITRATION ACT, 2017
Arbitration and the International Commercial Arbitration Act (Ontario) (+) (Dicta)
International Commercial Arbitration Act, 2017 (Ont)
STAYS
Arbitration Dicta - Stays
TORT CLAIMS AND ARBITRATION
Arbitration and Tort Claims (Dicta)
UNITED NATIONS FOREIGN ARBITRAL AWARDS CONVENTION ACT (UNFAACA)
Arbitration Dicta - United Nations Foreign Arbitral Awards Convention Act (UNFAACA)
United Nations Foreign Arbitral Awards Convention Act (Fed)
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