With the growth in popularity of alternative dispute resolution (ADR), including arbitration, counsel are expected to know the litigation consequences of the ADR/arbitration clauses that they draft. Without knowledge of the ramifications of how an ADR/arbitration clause is drafted, counsel may unwittingly agree to clauses that are ill-served to meet their clients' needs, more costly and onerous than traditional litigation, and sometimes simply unworkable. This book provides, to counsel drafting a commercial agreement, all the tools and information necessary to design and draft an effective ADR/arbitration clause that accomplishes the intentions and desires of the parties who have chosen ADR/arbitration to resolve their disputes. It canvasses the various forms of ADR, including ones on the cutting edge, such as "collaboration" and "cybersettle.com." It considers some of the pitfalls and dangers in poorly drafted clauses, which only become apparent when the ADR/arbitration process is underway. Issues specific to ADR/arbitration clauses in commercial agreements that are addressed include:
- Rent renewals
- Shareholder agreements
- Options to purchase land
- Agreements involving parties outside Canada
This book also features appendices containing numerous precedent arbitration, mediation and different types of ADR clauses, as well as summaries of the procedural rules of the major arbitration institutions and legislation governing arbitrations in place across Canada.