Ad Hoc Arbitrations in Canada | Practical Law

Ad Hoc Arbitrations in Canada | Practical Law

This Practice Note considers the distinctive features of the Canadian arbitration regimes that apply to ad hoc arbitration (arbitrations that are administered without the assistance of an arbitration institution and that are supervised exclusively by local courts without any other form of intervention). It reviews the applicable legal regimes in Canada and the role that Canadian courts may play in the conduct of an arbitration. It then considers the advantages and disadvantages of proceeding under a purely ad hoc arbitration regime rather than an institutional one. Finally, this Note makes some suggestions on drafting arbitration clauses and concludes with some thoughts on the continuing popularity of ad hoc arbitration in Canada.

Ad Hoc Arbitrations in Canada

Practical Law Canada Practice Note 6-620-3300 (Approx. 16 pages)

Ad Hoc Arbitrations in Canada

by Practical Law Canada Commercial Transactions, based on an original by Robert Wisner, Partner, McMillan LLP.
MaintainedCanada (Common Law)
This Practice Note considers the distinctive features of the Canadian arbitration regimes that apply to ad hoc arbitration (arbitrations that are administered without the assistance of an arbitration institution and that are supervised exclusively by local courts without any other form of intervention). It reviews the applicable legal regimes in Canada and the role that Canadian courts may play in the conduct of an arbitration. It then considers the advantages and disadvantages of proceeding under a purely ad hoc arbitration regime rather than an institutional one. Finally, this Note makes some suggestions on drafting arbitration clauses and concludes with some thoughts on the continuing popularity of ad hoc arbitration in Canada.