Commercial Arbitration Can Be Better Than Court

"The definition of insanity is doing the same thing over and over and expecting different results."

That sentence has been attributed to Albert Einstein, Mark Twain and others. Whoever said it has a point that applies to commercial dispute resolution.

Developed countries have very complicated rules to resolve commercial disputes in courts. In Canada there are formal statements of claim and defence, counterclaims and third-party claims. We exchange sworn affidavits listing all relevant documents, and produce copies of them to everyone in the lawsuit. Then it's on to formal examinations for discovery (depositions) under oath, usually the preparation of expert reports, and eventually a trial and perhaps an appeal. And all along the way, there are motions when the lawyers disagree.