As the Courts in British Columbia continue to grapple with the consequences of the worldwide pandemic, it has become clear to all interested observers just how many challenges the judicial system in British Columbia is facing. British Columbia’s Attorney General has prioritized criminal and family court cases in order to reduce the court’s backlog andContinue reading “Why Now More Than Ever Arbitration is an Attractive Alternative to Litigation”
Can an Arbitrator conduct his or her own Research? (Part 2)
In my last post, I addressed the question of whether an Arbitrator should conduct his or her own independent research of the facts outside of the evidence presented by the Parties. Now I want to address the second part of that question which deals with legal research. Succinctly put, should an Arbitrator engage in hisContinue reading “Can an Arbitrator conduct his or her own Research? (Part 2)”
Can an Arbitrator conduct his or her own Research? (Part 1)
This topic can be divided into two parts – research of the facts and research of the law. This post will focus on whether an Arbitrator can conduct independent research of the facts outside of the evidence presented at the Arbitration. To read about the part of this question that deals with legal research, seeContinue reading “Can an Arbitrator conduct his or her own Research? (Part 1)”
Strategies during the Arbitration
This is the third and final installment in the series on the topic of how arbitrations can be made more cost effective and efficient. The previous two articles considered strategies that could be deployed at the time the arbitration clause is negotiated and inserted in an agreement and strategies at the time the arbitration dispute arises.Continue reading “Strategies during the Arbitration”