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ARTICLE · 17 MARCH 2022

Limitation Periods On Arbitration: If Not Clarity, Then Context

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Arbitration can be a great alternative to litigation. It allows disputes to be resolved sooner, it can be less costly, and it may help the parties to a dispute keep issues and their final resolution private.

CanadaLitigation, Mediation & Arbitration
Agatha Suszek
Agatha Suszek
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Arbitration can be a great alternative to litigation. It allows disputes to be resolved sooner, it can be less costly, and it may help the parties to a dispute keep issues and their final resolution private. Arbitration agreements provide parties with some latitude to decide on the procedures and timelines that will govern the dispute resolution process. Nevertheless, with that freedom comes a price. In those agreements, parties should be clear about timelines applicable to the dispute resolution process to avoid any uncertainty regarding the application of limitation periods. Otherwise, the parties may very well end up in court, as in the case of the parties in Maisonneuve v. Clark, 2022 ONCA 113.

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