Trade Disputes in Canada
- Arbitration is the procedure for settling legal disputes by resorting to a neutral tribunal chosen by the parties involved. The arbitration tribunal consists either of one arbitrator alone, or an arbitration board which includes an arbitrator chosen by each party and a neutral arbitrator or referee chosen by agreement between the two arbitrators.
- Arbitration Law
- Two federal laws govern conventional arbitration: the Commercial Arbitration Act, which applies when it is a maritime issue or when the dispute involves the Federal State or one of its agencies, and the Enforcement of Foreign Arbitral Awards Act, which applies when the arbitration affects an issue which comes under the legislative competence of the federal Parliament.
- Conformity to International Commercial Arbitration Rules
Party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Party to the Geneva Protocol on Arbitration Clauses.
Party to the Geneva Convention of the Execution of Foreign Arbitral Awards.
- Appointment of Arbitrators
- The arbitrators are appointed by the Court or by the judges representing the parties. The arbitrators must be independent as regards the case.
- Arbitration Procedure
The plaintiffs must present their complaint to a competent tribunal according to the type of complaint. The judge appoints a competent arbitrator or arbitrators who have received adequate training corresponding to the type of dispute.
Once appointed, the arbitrator calls a preparatory meeting, if possible with the consent of each party and within a reasonable time limit. He writes up the minutes of the meeting and notes any agreements or decisions made; he sends a copy to the parties as soon as possible. The final decision of the arbitrator specifies the final offer selected. This decision is binding on the parties. Commercial arbitration decisions are definitive, they are imposed on the parties and are not open to appeal.
- Permanent Arbitration Bodies
National Arbitral Bodies (Sectors Covered: all)
British Columbia International Commercial Arbitration Centre (Sectors Covered: commercial)
Canadian Arbitration Centers (Sectors Covered: commercial)
Board of Referees
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