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VOL. 76 PART 2 MARCH 2018
Hearings: The Court of Innovative Arbitration”, Richard McLaren and
Kaleigh Hawkins-Schultz describe the innovative procedures of that institution,
modelled after the Basketball Arbitral Tribunal, “established in late
2015 to provide an expedited commercial arbitration process in response to
the reality that commercial arbitrations were becoming more lengthy and
costly”. Similarly, in the chapter titled “Med-Arb: Crossing the Line”, Leslie
Dizgun reviews the advantages and disadvantages of med-arb and generally
takes the position that med-arb is a useful and cost-effective dispute resolution
Party autonomy is fundamental to arbitration: the parties to an arbitration
can determine how they wish their arbitration to be conducted. But it
may not be asking too much of the parties to require that they give
informed consent if they wish to conduct their arbitration like a court case.
Perhaps they should be required at least to hear the risks of using court procedures
and even (notionally) to sign a waiver (“We, the parties, having
been informed of the risk of using court procedures, understand that our
arbitration may cost more, take longer, etc.”).
Also discussed in the book is expert evidence in arbitration, including
with chapters by Dominique T. Hussey and Will Bortolin (“Stepping into the
Hot Tub: Concurrent Expert Evidence in Commercial Arbitration”) and
Neal Mizrahi (“The Use of Experts and the Assessment of Economic Damages
in Commercial Arbitration”).
Various issues relating to arbitration, including public arbitration, arbitration’s
effect on the development of the common law and ethical implications
of the entrepreneurial nature of arbitration, are discussed in an
interview of the Hon. Robert P. Armstrong, Q.C., the Hon. Stephen Goudge
and the Hon. W. Ian C. Binnie, CC, Q.C. by Shantona Chaudhury.
For those interested in pursuing arbitration further, the book includes
a ten-page list of “arbitration resources” (texts; continuing legal education
seminars; journals and periodicals; arbitration centres and associations;
Canadian legislation; and international legislation, treaties and
Marvin Huberman and the book’s authors have made an important contribution
to arbitration literature in Canada and to the practice of arbitration
in Canada and by Canadians. All those involved in the arbitral process, and
in dispute resolution more broadly, would be well advised to take on board
the teachings of these Canadian thought leaders in arbitration.