Why Arbitrate?: Ontario's Recent Experience with Commercial Arbitration

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Osgoode Hall Law Journal, ISSN: 0030-6185, Vol: 36, Issue: 4, Page: 807-845

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Pepper, Randy A.
article description
In 1988, Ontario adopted the International Commercial Arbitration Act and in January 1992 the Arbitration Act, 1991 came into force for domestic arbitrations. These statutes and similar legislation in other provinces pushed Canadian arbitration regimes into the forefront of industrial nations. However, there has not been a significant increase in the number of commercial arbitrations being conducted in Ontario. This article suggests that Ontario is ideally placed to become an important centre for domestic and international arbitration. The author asserts that if commercial parties and their counsel were more familiar with the benefits of the arbitral process and with the approach of the Ontario courts to the new legislation, arbitration would become a preferred method of dispute resolution for many types of business disputes. The current enthusiasm for alternative dispute resolution may also provide an impetus for future growth in commercial arbitration.