One of the ongoing issues in Canadian arbitration law is whether an “opt in” arbitration clause is enforceable as a mandatory submission to arbitration. Under such a clause, one party “may” serve a notice of arbitration, and if that party does so, then arbitration shall ensue. Some Canadian court decisions, particularly older ones, held that […]
Continue Reading →An Opt-In “May Arbitrate” Clause Is Enforceable, But Only If Triggered: Privy Council
Posted by: Thomas Heintzman
4
Mar
Does The CCDC Dispute Resolution Clause Require Arbitration?
Posted by: Thomas Heintzman
8
Sep
Most building contracts contain dispute resolution clauses which refer to arbitration. A dispute resolution clause can be mandatory – it can require arbitration – or it can be permissive – it can permit arbitration if all parties agree to arbitration when the dispute arises. One would think that the most important thing to make clear […]
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