2019 Legal Trends: Complex Disputes

As part of our quarterly series on current trends across different industries, our second article for 2019 explores cross-practice litigation developments in Canada, outlining the impact on business and the potential ramifications of recent court decisions and regulatory changes.

Increase in Arbitration

There is a continuing trend in both domestic and international contractual disputes for those disputes to be resolved by way of arbitration. While the disputes going to arbitration and transactions with arbitration provisions have been associated with infrastructure, mining and energy industries, more and more parties are choosing arbitration rather than court, particularly where the parties are from different countries, including in the financial services, fintech, life sciences and construction industries.