Arbitration

Arbitration is frequently used in:

Commercial Disputes - Conflicts between businesses over contracts, services, or payments.

Construction Projects - Disputes between contractors, subcontractors, and clients over delays, defects, or scope of work.

Employment Agreements - Conflicts arising from executive contracts, terminations, or severance terms.

Shareholder Agreements - Internal business disputes among shareholders or partners.

International Contracts - Cross-border commercial matters where litigation in court may be impractical or biased.

Arbitration is governed by provincial arbitration acts and, where applicable, international conventions. Key principles include:

Arbitration Agreement - A written agreement to arbitrate, either before or after a dispute arises, is required for enforcement.

Neutral Arbitrator - The arbitrator is agreed upon by both parties or appointed by an institution or court.

Final and Binding Decision - Arbitration awards are generally not appealable except in cases of fraud or jurisdictional error.

Confidentiality - Arbitration proceedings are typically private, protecting sensitive business information.

Enforceability - Arbitration awards can be enforced like court judgments in most jurisdictions.

While often beneficial, arbitration has potential drawbacks:

Limited Appeal Rights - Parties usually cannot appeal even if they disagree with the arbitrator's decision.

Costs for Complex Cases - Arbitration can become expensive if the process is prolonged or involves expert witnesses.

Bias Concerns - If an arbitrator is not truly neutral, one party may feel unfairly treated.

No Precedent - Unlike court rulings, arbitration awards do not create legal precedent.

Inflexibility in Multi-Party Disputes - Arbitration clauses may not suit disputes involving more than two parties.

At ME Law, we guide clients through arbitration with clarity and strategy. Our services include:

Drafting Arbitration Clauses - Crafting strong, enforceable clauses for contracts and shareholder agreements.

Representation in Hearings - Acting as counsel throughout the arbitration process, from filing to final award.

Selecting Arbitrators - Helping clients choose impartial and experienced arbitrators.

Challenging Awards - Evaluating and pursuing remedies in rare cases where awards can be set aside.

Cost Strategy - Advising on how to keep the process efficient and cost-effective.

Arbitration offers a powerful alternative to litigation when handled correctly. Contact ME Law to determine whether arbitration is right for your dispute and get strategic legal advice from experienced counsel.