skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 93979 Find in a Library
Title: Dispute Settlement in Commercial Law Matters
Journal: Canadian Business Law Journal  Volume:7  Issue:2  Dated:(December 1982)  Pages:197-223
Author(s): P Davidson
Date Published: 1982
Page Count: 27
Format: Article
Language: English
Country: Canada
Annotation: This article discusses arbitration, its benefits, and its form in the various provinces of Canada. Mediation, conciliation, and arbitration have many advantages over proceedings in the normal court system.
Abstract: Mediations and conciliation are the least formal of the alternative methods of dispute settlement and are sometimes used as a first attempt to resolve the conflict. Arbitration is a more formalized method of dispute settlement than mediation or conciliation. In arbitration, a disagreement is submitted to one or more impartial arbitrators outside the court system with the understanding that both parties will abide by the decision reached. The decision given by the arbitrator is binding. Laws regarding arbitration are similar among the provinces, with Ontario law being regarded as representative. The arbitrator derives his power from the voluntary submission of the parties. He must confine his considerations to questions within the scope of the reference. Witnesses must testify under oath. Any party may subpoena witnesses and require the production of documents. The award is final and binding. The law in Quebec calls for more mandatory conditions regarding arbitration proceedings. Quebec allows arbitration by advocate in cases in court or prepared for court. This function serves as a way around congested court lists. Ad hoc arbitration allows the parties more flexibility, provided they conform to the madatory rules. In institutional arbitration, the parties choose to have recourse to the permanent facilities made available to them by an established arbitration center and to submit to that center's rules. A total of 100 notes is included. Appendixes include a listing of provincial arbitration acts, a table delineating locations of equivalent sections in provincial codes, and the schedule of the Ontario Arbitration Act.
Index Term(s): Arbitration; Canada
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=93979

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.