Osler is internationally known as one of Canada's leading corporate/commercial
law firms. In this incomparable guide for practitioners, three experienced
Osler lawyers¿one each in Ontario, Quebec, and Alberta--provide an easy-to-use
practical overview of the law of domestic and international arbitrations in
Canada. With lucid clarification of applicable legislation, both federal and
provincial, and analysis of relevant case law, the Guide offers great
assistance in the preparation, negotiation, process, and conclusion of
arbitration agreements in Canada.
Among the topics covered arc the following:
important issues and key cases in all Canadian provinces and territories and
under federal legislation;
practical reasons to use arbitration and what to consider in preparing
drafting arbitration clauses to manage risk;
protection of confidential information;
staying court proceedings in favour of arbitration; and
appealing and enforcing awards.
Emphasizing the major jurisdictions of Ontario, Quebec, Alberta, and British
Columbia, the Guide will he of immeasurable value to in-house and external
corporate counsel, litigation lawyers, international lawyers, and business
people, as well as to students of dispute resolution.
II. What is Arbitration? A. Arbitration versus
Expert Determination B. Arbitration versus Mediation (or Conciliation)
C. Arbitration versus Other Forms of ADR D. Types of Arbitration
IV. The Arbitration Landscape in Canada A.
Canadian Arbitration Legislation and the UNCITRALModel Law B. Domestic
and International Arbitration C. “Commercial” Arbitration
D. Ad hoc or Institutional Arbitration E. Arbitration Rules F.
Jurisdiction of the Arbitral Tribunal
V. The Arbitration Agreement A. The Agreement B. Terms of
Reference C. Arbitrability: What Kind of Dispute May Be Arbitrated?
D. Legislative Limits on Arbitration E. Issues to Address in an
VI. Commencing an Arbitration A.
Technical Requirements to Commence an Arbitration B. Appointment and
Composition of the Arbitral Tribunal
VII. Enforcing an Agreement to Arbitrate A. Stays and Referrals to
Arbitration of Court Proceedings B. Stays of Arbitration Proceedings
Pending Court C. “Anti-Suit” Injunctions
VIII. Obtaining a Remedy before the
Arbitration Hearing A. Interim Measures or Relief from the Courts B.
Interim Measures or Relief from an Arbitral Tribunal C. Injunctions
Maintaining the Status Quo or Requiring Continued Performance Pending the
Hearing D. Joining and Consolidating Two or More Arbitrations
of the Arbitration A. In General B. Exchange of Pleadings C.
Discovery of Documents and Oral Examinations for Discovery D. Expert
Evidence E. The Hearing F. Applications Related to the
X. The Arbitral Award A. Requirements of an
Arbitral Award B. Reasons for the Award C. Settlement and
Consent Awards D. Default Awards E. Partial and Interim Awards
F. Extension of Time for Rendering Awards G. Correction and
Interpretation of Awards XI. Appealing, Setting Aside and
Enforcing Arbitral Awards A. Appealing a Canadian Arbitral Award B.
Setting Aside an Arbitral Award (Declaration of Invalidity) C.
Enforcing a Canadian Arbitral Award D. Enforcing a Foreign Arbitral
Award in Canada XII. Confidentiality A.
Confidentiality and Privacy Issues B. General Confidentiality
Protection C. Specific Confidentiality Protection May Be Available
D. Loss of Confidentiality E. Practical Solutions
XIII. Selected Other Issues A. Limitation Periods
B. Costs and Interest C. G.S.T. and Arbitrations Appendix, About
the Authors , Index