The International Comparative Legal Guide To: International Arbitration 2016 - Canada

1 Arbitration Agreements

1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of your jurisdiction?

Canada is a federal country in which each of the provinces and territories has jurisdiction over arbitration-related matters in its territory. Generally, each province has separate domestic and international commercial arbitration acts.

Typically, the international arbitration acts adopt the UNCITRAL Model Law ("Model Law"), which requires that an agreement to arbitrate be in writing (Model Law, Article 7).

1.2 What other elements ought to be incorporated in an arbitration agreement?

In drafting an arbitration agreement, the parties should address whether the arbitration will be ad hoc or institutional, which set of ad hoc or institutional rules applies, the number of arbitrators and method of appointment, the seat of the arbitration, the applicable law, and the language of the arbitration.