This resource addresses both the statutory and common law context within which international and domestic arbitrations are conducted. It considers issues arising from the interrelationship between arbitral and judicial proceedings, including the enforceability, severability and scope of arbitration clauses. It also covers the availability of stays of proceedings and rights of appeal.
- A discussion regarding why one might go to arbitration and how arbitration may be initiated
- A discussion of stays of litigation, appeals and enforcement of awards
- Analysis explaining the boundaries between arbitral and court jurisdiction
- Case summaries
- Advice on drafting an agreement to go to arbitration, procedure and termination of arbitration
- Appendices including federal, Ontario and British Columbia arbitration legislation
This invaluable looseleaf service summarizes the history of arbitration as a form of dispute resolution, as well as the evolution of public policy promoting arbitral autonomy. Both statute and common law of all Canadian jurisdictions are covered.