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Canadian Arbitration Law - WAMR 2006 Vol. 17, No. 4

Author(s): 
Ryan Loxam
Page Count: 
25 pages
Media Description: 
PDF from World Arbitration and Mediation Report (WAMR) 2006 Vol. 17, No. 4
Published: 
April, 2006
Jurisdictions: 
Canada
Practice Areas: 
Commercial Disputes,
Applicable Conflict-of-Laws System,
International and Transnational Law,
Dispute Resolution & Litigation,
Arbitral Decisions,
UNCITRAL Model Law
Author Detail: 

Ryan Loxam, J.D. Candidate, The Dickinson School of Law of the Penn State University, 2006; B.A. Political Science with highest honors from Rutgers University, 2003.

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National Reports Canadian Arbitration Law
by Ryan Loxam∗
 
Introduction
 
Since the early 1980s, Canada has become an active player in the
global economy as increasing numbers of commercial parties seek to do
business in Canadian provinces. Statistics show that Canadian
international exports increased 143% from 1984 to 1996, while in the
same period Canadian international imports grew 150%. Moreover,
Canadian provinces are becoming increasingly dependent on international
trade.
 
International commercial parties dealing within Canada cannot
afford to enter into contracts without clearly understanding the national or
provincial laws on international commercial arbitration. Before the
adoption of the UNCITRAL Model Law, Canada’s relationship with
commercial arbitration was tenuous at best. With the adoption of the
UNCITRAL Model Law, both the federal and provincial governments
signaled that they had abandoned their previously hostile arbitration
practices and began to be supportive of arbitration.
 
This national report pursues four key inquiries. First, in general,
are the Canadian provinces supportive of arbitration? Second, do the new
arbitration laws favor a-national arbitration or do they promote the
reference to a more nationalist lex loci arbitri? Third, are provincial
courts influenced by the United States judicial position on arbitration?
 
Fourth, what is the status of arbitral confidentiality under Canadian law?
The report examines the UNCITRAL Model Law in the provinces and
looks at the way in which the provincial lawmakers chose to enact the