Arbitration Services
Arbitration provides parties with a structured adjudicative process for resolving disputes outside the traditional court process. An independent arbitrator considers the parties' positions, evidence and submissions and makes a determination within the jurisdiction provided by the parties' agreement, applicable legislation and any governing procedural rules.
Labour Arbitration
Resolving workplace disputes that emerge within the context of collective bargaining laws.
• Grievances
• Collective agreement interpretation
• Discipline and discharge
• Attendance and accommodation
• Workplace policies
• Management rights
• Seniority
• Scheduling
Employment Arbitration
Employment Arbitration
Arbitration is a viable pathway when an employment contract or specific legal provision mandates it. Neutral adjudication ensures that workplace disagreements are settled outside the public court system through a binding and professional process.
• Wrongful and constructive dismissal
• Executive compensation and bonus claims
• Restrictive covenants and non-compete clauses
• Workplace harassment and discrimination
• Breach of employment contracts
Commercial contracts
- Service agreements
Licensing agreements
- Technology and vendor agreements
Publishing and distribution agreements
- Business-to-business disputes
Partnership contractual disputes
- Professional services agreements
Civil disputes
- Validly submitted civil matters and diverse contractual disagreements requiring resolution
Commercial & Contract Arbitration
Arbitration may be appropriate for certain commercial and contractual disputes where the parties have agreed to refer matters to an independent arbitrator. The process can provide a structured forum for resolving issues involving business relationships, services, licensing, distribution and other contractual arrangements.
Overview of the Arbitration Process
1. Initial Inquiry and Conflict Review: The parties or their representatives contact the arbitrator to provide basic information about the matter so that availability and potential conflicts can be considered.
2. Appointment: If appropriate, the arbitrator may be appointed in accordance with the parties' agreement, applicable legislation and any governing procedural rules.
3. Preliminary Arrangements: A preliminary discussion or conference may be held to address procedural matters, timelines and any initial issues that should be considered before a hearing.
4. Exchange of Information: The parties exchange relevant documents and information in accordance with the applicable procedural framework or directions.
5. Hearing: Where a hearing is required, the arbitrator hears evidence and submissions in the format determined by the applicable rules or directions, which may include written and oral components.
6. Decision: Following the process, the arbitrator issues a written decision within the authority provided by the parties' agreement, applicable legislation and any governing procedural rules.
Frequently Asked Questions
What does procedural fairness mean in arbitration?
Procedural fairness refers to the opportunity for parties to be heard, to present relevant evidence and submissions, and to have the matter considered by an independent decision-maker in accordance with the applicable procedural framework.
The Arbitration Process
01
Intake and Conflict Check
The parties contact the arbitrator to confirm availability and ensure no conflicts of interest exist.
02
The arbitrator is officially appointed through an agreement or by a designated authority.
Appointment
03
A meeting is held to establish the schedule, define issues, and set procedural rules.
Preliminary Hearing
04
Parties share relevant documents and evidence in accordance with the agreed-upon timeline.
Exchange of Information
05
The arbitrator hears oral testimony, reviews evidence, and listens to the arguments presented by both sides.
The Hearing
06
A final, written decision is issued, resolving the dispute based on the merits of the case.
The Award
FAQ: What does procedural fairness mean in arbitration?
Procedural fairness is a fundamental legal principle ensuring that all parties are treated with impartiality and equality. It guarantees that each side has a meaningful opportunity to present their case, respond to the evidence against them, and receive a decision from a neutral adjudicator who is free from bias.