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Arbitration In Unprecedented Times
An optimal alternative for resolving disputes

With the COVID-19 pandemic forcing significant, temporary changes for courts and businesses alike, parties will have to think of alternatives beyond the courtroom to resolve disputes. Like many jurisdictions tackling this pandemic, Canadian courts have responded with closures and limiting hearings to urgent cases only. These closures, combined with the fact that many commercial disputes may arise as a result of the substantial impact the COVID-19 pandemic has had on business operations, means that parties should consider dispute resolution mechanisms that are effective, customizable, and efficient. Arbitration (whether domestic or international) could be the answer.

Parties may elect to arbitrate their dispute on consent

Arbitration is a purely consensual method of dispute resolution. In the current circumstances, parties may elect to abandon a civil action to enter into an arbitration that can resolve disputes more expeditiously or more readily accommodate measures like social distancing.  Arbitration also has other key advantages...

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