NCJ Number
109055
Journal
University of British Columbia Law Review Volume: 21 Issue: 2 Dated: (1987) Pages: 247-275
Date Published
1987
Length
29 pages
Annotation
New Canadian Federal and Provincial arbitration legislation reflects recent changes in attitudes and should lead to more extensive and effective use of arbitration through flexible mechanisms adapted to the needs of business people.
Abstract
In British Columbia, statutes have adopted a model set forth in the United Nations Commission on International Trade Law's Model Law on International Commercial Arbitration. The new statute sets limits on judicial intervention, provides for enforcement of arbitration agreements and for stays of proceedings, provides a mechanism for dealing with questions of jurisdiction of the arbitral tribunal, and favors the freedom of the parties to agree on both applicable substantive and procedural law. To complement this law, the Government has committed itself to the development of an international commercial arbitration center. While there has been some reform in statutes governing domestic commercial arbitration, these statutes retain considerable judicial control over the arbitral procedure and awards. An example of the use of arbitration in international construction disputes is provided. 113 footnotes.