Question 1

Are arbitration agreements enforceable in Canada?

Accepted Answer

Yes, arbitration agreements are generally enforceable under provincial Arbitration Acts. However, the Supreme Court of Canada ruled in Uber v. Heller (2020) that unconscionable arbitration clauses in consumer/employment contracts may be void.

Question 2

What arbitration rules apply in Canada?

Accepted Answer

The ADR Institute of Canada administers arbitrations under its own rules. Parties can also choose ICC, LCIA, or UNCITRAL rules. Each province has an Arbitration Act that provides the statutory framework.

Question 3

Can arbitration awards be appealed in Canada?

Accepted Answer

Generally, arbitration awards are final and binding with limited grounds for appeal. Under most provincial Arbitration Acts, appeals on questions of law may be permitted if the agreement allows it.

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