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IT
Canada: rulings demonstrate judicial deference to arbitration
['Robert J C Deane', 'Craig R Chiasson', 'Paige Burnham', 'View Full Biography', 'David Samuels', 'Luis Asali', 'Santiago Escobar', 'Bernardo De Llaca', 'Julieta Perezcano', 'Jorge Baez']
Global Arbitration Review
Legislative frameworkUNCITRAL adopted the Model Law in 1985, and Canada and its provinces were the first jurisdictions in the world to enact legislation expressly implementing the Model Law.
Widespread support for international commercial arbitration in Canada has also led to the establishment of a number of arbitration groups and institutions, including the Western Canada Commercial Arbitration Society, the Toronto Commercial Arbitration Society, the Vancouver Centre for Dispute Resolution and Vancouver Arbitration Chambers, Arbitration Place, the International Chamber of Commerce Canada Arbitration Committee, the Vancouver International Commercial Arbitration Centre (VanIAC, formerly the British Columbia International Arbitration Centre, which is one of the oldest modern arbitral institutions in the world, having been created in 1986), the ADR Institute of Canada, the International Centre for Dispute Resolution Canada and the Canadian Commercial Arbitration Centre.
VanIAC has released updated International Arbitration Rules, reflecting international best practices, effective as of 1 July 2022.
Significant recognition and enforcement decisions clearly demonstrate the Canadian judiciary’s respect for the integrity of the international arbitration process and the importance of deference to international arbitral tribunals.
She also applied the International Bar Association Guidelines on Conflicts of Interest in International Arbitration (IBA Guidelines) to reach her decision.