Share on LinkedInShare on LinkedIn

ARTICLE · 30 NOVEMBER 2017

Bring Me Your Disputes And I Will Set You Free

Bring Me Your Disputes And I Will Set You Free

CanadaLitigation, Mediation & Arbitration

The Code: The Legal Mind

Process: Proof and Principles

Litigation Process ‐ The Universal Main Event

Litigation Process – Class Action

Arbitration – Process Globalization

  1. An existing dispute (not merely an unresolved issue);
  2. Parties choose neutral decision‐maker under an arbitration agreement;
  3. Expressed intention in the agreement that the decision be binding and be made in a judicial or quasi‐judicial manner;
  4. The hearing be impartial and fair;
  5. The decision in the hearing be based on evidence and argument;
  6. International arbitration (not defined in model code – see federal and provincial Acts): parties have places of business in different States when arbitration agreement is made; one of the following is outside the State where parties have places of business – place of arbitration, place for performance of obligations, place where subject matter of dispute is most closely connected; commercial arbitration acts that adopt or

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from