Rarotonga, 2010

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(Ontario/Canada)

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TOPICS


Arbitration



COMMENT

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.



STATUTES AND CASE DICTA (Case Dicta = Blue/Purple; Statutes = Red)


GENERAL
Arbitration - General
Arbitration - Jurisdiction (+)


APPEALS, JUDICIAL REVIEWS AND SET-ASIDES
Arbitration - Court Appeals [s.45]
Arbitration - Judicial Review
Arbitration - Court Set-Aside [s.46]
Arbitration - Court Appeal-Set-Aside Time Limits [s.47]
Arbitration - Standard of Review


ARBITRATION ACT, 1991
Arbitration Act, 1991 (Ont)

COMMERCIAL ARBITRATION ACT
Commercial Arbitration Act (Fed)

COMMERCIAL MEDIATION ACT, 2010
Commercial Mediation Act, 2010 (Ont)

COMPETENCE-COMPETENCE PRINCIPLE
Arbitration - Competence-Competence Principle (+)

FAIRNESS, PROCEDURAL
Arbitration - Fairness

INTERNATIONAL COMMERCIAL ARBITRATION ACT, 2017
Arbitration and the International Commercial Arbitration Act (Ontario) (+)
International Commercial Arbitration Act, 2017 (Ont)

STAYS
Arbitration - Stays

TORT CLAIMS AND ARBITRATION
Arbitration and Tort Claims

UNITED NATIONS FOREIGN ARBITRAL AWARDS CONVENTION ACT (UNFAACA)
United Nations Foreign Arbitral Awards Convention Act (UNFAACA)
United Nations Foreign Arbitral Awards Convention Act (Fed)





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Last modified: 08-06-24
By: admin