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Arbitration at the crossroads

Thursday, October 27, 2016 @ 8:00 PM | By William Horton

On Nov. 1, the Supreme Court of Canada will be asked to decide the fate of non-international arbitration in Canada when it hears two appeals from the British Columbia Court of Appeal. In doing so, the Supreme Court will determine whether its vision of arbitration, and cultural change in dispute resolution more broadly, will become more established or begin to unravel.

Beginning with its decision in Desputeaux v. Éditions Chouette 2003 SCC 17, (in which the top court established that arbitration is not part of the...