International Commercial Arbitration and the Canadian Experience

Abstract

International Commercial Arbitration although enjoying a long pedigree, has only recently become a "hot topic." This is due to the growing trends towards institutionalizing and unifying ICA processes. These trends are signified by the rise in private, neutral arbitration institutions and by the adoption, in many states, of international conventions and model laws. The unification of laws is the most recent process in this trend. These trends are all examined in some detail. It is noted how the lex arbitri, or law of the situs of the arbitration, can affect the rules and procedures of the arbitration. The UNCITRAL Model Law is examined as the key example of the unification of laws movement. The alternative dispute resolution provision of NAFTA is also commented on. The authors then focus specifically on Canada's contributions to and participation in ICA. In an important closing section, Canadian jurisprudence interpreting the new Canadian ICA legislation is comprehensively surveyed. The authors conclude by giving an outlook on the future of ICA and Canada's role therein.