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Branch News

Why a Canadian Branch of CIArb?

3 July 2017 Branch News
By Paul Tichaue and Janet Walker

We have formed the CIArb Canada Branch in order to give greater visibility to Canada as an exceptionally attractive venue for arbitration and to give Canadians greater opportunity to develop as arbitrators, mediators and adjudicators through educational programs and networking events.

 

The Inaugural Branch Committee comprises a balanced distribution of representation from the major regions with CIArb members across Canada and includes a number of highly qualified arbitrators, mediators, former judges and educators.

 

Canada is officially a bilingual country – English and French – with right of access to judicial proceedings in both languages. Canada's legal system is based on a combination of Common Law and Civil Law. Quebec is the only province with a Civil Code, which is available in French as well as English.  The rest of Canada uses the Common Law. 

 

Canada is one of the best places in the world to arbitrate international disputes. Canada’s major urban centres in Montreal, Toronto, Calgary and Vancouver are more convenient, less expensive and more reliable places to conduct arbitrations than many of the world’s traditional centres.

 

There are excellent arbitration facilities including transcription services, hearing rooms, document handling and management services, and readily available interpreters in one of the largest range of languages and dialects found in the world.

 

Canada was the first jurisdiction to adopt the UNCITRAL Model Law on International Commercial Arbitration, and the various jurisdictions within Canada are beginning to adopt the revised 2006 version of the Model Law.

 

Canada has an independent judiciary, competent, efficient and respectful of the parties’ choice of arbitration as their method for settlement of their disputes. The Canadian government and judiciary have demonstrated a strong adherence to international treaties and agreements governing and impacting the ready recognition and enforcement of foreign arbitration agreements, orders and awards.

 

Canada has an independent and competent legal profession with expertise in international dispute resolution, and a demonstrated commitment to the education of professionals and furtherance of understanding of the field.

 

Parties enjoy the freedom to choose their representatives, from within or outside Canada, and with or without legal qualifications. Border access is free from unreasonable constraints on entry, work and exit for parties, witnesses, and counsel; and participants are assured a safe and comfortable stay.

 

Canada has professional and other norms that embrace a diversity of legal and cultural traditions, and the developing norms of international ethical principles governing the behaviour of arbitrators and counsel. Arbitrators enjoy a clear right to immunity from civil liability for anything done or omitted to be done in good faith in the course of the mandate.

 

We look forward to welcoming you to Canada for both work and pleasure as we celebrate on 1 July 2017 the inauguration of the Canadian Branch of the CIArb and the 150th anniversary of the founding of this great country!