The arbitration process results in a binding decision or “award” pursuant to an arbitration agreement or submission to arbitration, applying the law to the evidence presented during the process. The award may be made an order of the Court of Queen’s Bench.
Legal counsel often play a critical role in framing the dispute and setting the parameters for the arbitration, the production of key documents, presentation of the case and management of client expectations.
Interim applications and procedural matters may be dealt with promptly, usually by conference call and without the expense of in-person meetings.
Arbitration provides confidentiality, privacy, and expediency. Issues are handled in a way that is similar to formal court proceedings but without public scrutiny or delay.
For excellent and flexible rules to govern an arbitration, consider the ADR Institute of Canada Arbitration Rules.
