The Osler Guide to Commercial Arbitration in Canada. A Practical Introduction to Domestic and Int'l Commercial Arbitration - 9041124284 - 9789041124289

The Osler Guide to Commercial Arbitration in Canada. A Practical Introduction to Domestic and International Commercial Arbitration by Barin, Laura E. Little, Pepper

by: Babak Barin, Andrew D. Little, Randy Pepper
February 2006, ISBN 9041124284
ISBN 13: 9789041124289
196 pp. Paperback

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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 arbitration agreements;
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.

Foreword I. Introduction 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 III. Why Choose 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 Arbitration Agreement 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 IX. Conduct 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 Arbitration Hearing 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