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Many common law provinces maintain separate frameworks for domestic arbitration agreements and international commercial arbitration agreements (e.g. Ontario's Arbitration Act [222] and International Commercial Arbitration Act [223]). In such cases, the latter usually implements the UNCITRAL Model Law on International Commercial Arbitration.
The model law is not binding, but individual states may adopt the model law by incorporating it into their domestic law (as, for example, Australia did, in the International Arbitration Act 1974, as amended). [2] The model law was published in English and in French. Translations in all six United Nations languages now exist. [3] Note that there ...
Nations regulate arbitration through a variety of laws. The main body of law applicable to arbitration is normally contained either in the national Private International Law Act (as is the case in Switzerland) or in a separate law on arbitration (as is the case in England, Republic of Korea and Jordan [25]). In addition to this, a number of ...
The Court of Appeal for Ontario reversed the motion judge's decision, holding that the contract which purported to require arbitration was unconscionable. [2] According to Peter Quon, the Court of Appeal's decision was the first in which a Canadian court had found an arbitration clause unconscionable. [5]
Toronto Commercial Arbitration Society Commercial Arbitration Act Reform Working Group; and Uniform Law Conference of Canada - International Arbitration Legislation Project, Advisory Board. [ 12 ]
Disputes between consumers and businesses that are arbitrated are resolved by an independent neutral arbitrator rather than in court. Although parties can agree to arbitrate a particular dispute after it arises or may agree that the award is non-binding, most consumer arbitrations occur pursuant to a pre-dispute arbitration clause where the arbitrator's award is binding.
The New York Convention is very successful. Nowadays many countries have adopted arbitration laws based on the UNCITRAL Model Law on International Commercial Arbitration. This works with the New York Convention so that the provisions on making an enforceable award, or asking a court to set it aside or not enforce it, are the same under the ...
Arbitration Act 1697; Arbitration Act 1889; Arbitration Act 1950; Arbitration Act 1979; Arbitration Act 1996; Arbitration Act 1996 (New Zealand) Arbitration Act 2005; Arbitration and Conciliation Act 1996