Starting Arbitration In Canada

In today's blog post, we will discuss the main provisions of the arbitration process in Canada. Especially, in terms of choosing the right arbitration institution which will help the process go smoothly. If you are planning to start arbitration in Canada in the near future, you may find this information useful.

Selecting arbitration institution

Arbitration institutions in Canada are advanced in organizing an arbitration process and have a high reputation globally. 

The main arbitration institution in Canada is the local ADR Institute. It provides procedural rules and support for domestic and international arbitration proceedings in Canada. Also at the regional level, these functions are performed by a number of local institutions. For assistance in resolving business disputes in Canada, you can also contact the International Center for Dispute Resolution.

Note that the competition in the alternative dispute resolution market is intensifying every year. An essential criterion when choosing an arbitration institution is its adaptability to constantly changing global requirements. Thus, the most advanced institutions initiate the modernization of their regulations, changes in organizational structures, the introduction of innovations and reforms in the arbitration process at least once every five years.

Today, due to the coronavirus pandemic, the global  issue of holding arbitration hearings online has become acute as never before. When choosing an arbitration institution in Canada, it is useful to inquire about how well established the arbitration process is in the videoconference format. It is also important to ask how the issues of electronic document management, cybersecurity, and technical requirements are being resolved. Are advanced platforms being used to enable parties, advisers and arbitral tribunals to communicate and submit case files electronically safely and efficiently? However, this is only the first step towards the implementation of international videoconferencing standards in arbitration.

When arbitration in Canada is impossible

The peculiarity of this jurisdiction is that for each province and territory the domestic arbitration legislation is unique.

There are very few issues that cannot be arbitrated in the jurisdiction. For example, criminal cases are never considered in arbitration tribunal. Surprisingly, family conflicts cannot be settled in Canadian arbitration in many provinces.

Appointing an arbitrator 

As in other jurisdictions around the world, the main requirements for arbitration professionals are independence and impartiality.

Parties to arbitration have the right to choose professional arbitrators for their proceedings. Sometimes, especially in specialized fields, it is expedient to select specialists in a narrow field of expertise instead of legal professionals. Often, they are able to handle matters more efficiently and find ways to resolve a dispute by arbitration in Canada.