The alternative dispute resolution institution ADR Institute of Canada (ADRIC) is expected to release new amendments to Canada's arbitration rules in March of this year to modernize Canada's arbitration framework to better suit the needs of modern arbitration practice.
In an interview with CDR News, partner Chris Hunter says the incoming changes will be a positive thing for Canada's arbitration community.
There is a "small but passionate" community, Chris says, with a desire to "re-establish and re-emphasize the unique features of arbitration as a dispute resolution mechanism—it is not simply 'litigation in the boardroom as opposed to the courtroom.'"
Chris also adds that the proposed amendments—which will replace the current version from December 2014—will help to "find the right Canadian balance to arbitration."
"We have international standards of arbitration, but every country has its own domestic norms and expectations," he says.
The rules will also be separate from the ADRIC as an institution, the CDR News article points out, noting that "contractual agreements to follow the ADRIC rules may include, but does not obligate, the use of ADRIC's services in a dispute."
"This [flexibility] is a smart move," Chris says, "because many arbitrations in Canada tend to be ad hoc, and because the arbitration community is relatively small, it is not often you would need institutional services, as it adds an extra layer and opportunity for mischief."
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