International Arbitration 2021

1. General

1.1 Prevalence of Arbitration

Arbitration is widely used in Canada as an alternative to litigation.

Historically, Canadian governments and courts have adopted a pro-arbitration stance in line with modern international practices. In 1986, Canada became the first jurisdiction to adopt the UNCITRAL Model Law on International Commercial Arbitration. Canadian courts have since issued over 200 written decisions under arbitration legislation based on the Model Law.

Every province and territory, with the exception of Québec, has a separate statute for domestic and international arbitration. In Québec, arbitration legislation is set out in the Civil Code of Québec and the Code of Civil Procedure, which are generally consistent with the Model Law.