CIVIL AND COMMERCIAL ARBITRATION:
A fast and economical
way to settle a dispute between two parties
Has a dispute brought you into conflict in a business relationship,
in a commercial transaction, or in the execution of a contract?
Do you wish to end litigation while maintaining your rights
in a confidential manner?
Do you wish, above all, to settle the dispute rapidly, relatively
inexpensively, and without having recourse to the court ?
Then civil or commercial arbitration is your solution.
Who does have recourse to arbitration ?
Some contracts provide for an arbitration clause to apply
in the event of litigation. If not, the two parties to a contract
can ask a notary to prepare an arbitration agreement, under
which a dispute will be submitted to the decision of one or
Arbitration is a procedure recognized by the Civil Code of
Quebec. It is a quick way to settle disputes of all kinds
(except with respect to family matters, and questions of capacity
or public order).
Why arbitration ?
Its makes quicker settlement possible.
Arbitration allows you to avoid the delays of the judicial
system. A decision can be obtained within a few months.
It is less expensive than going to court. Cost vary with the
complexity and duration of arbitration. They include arbitrators'
fees and arbitration cost (rent for arbitration hearing rooms,
travelling and accomodation expenses). The total cost may
be shared by the parties, by mutual agreement. Or, costs may
be allocated by the arbitrator, who determines the proportion
of costs to be reimbursed by each party.
It is completely confidential.
Unless the parties agree, none of the information or declarations
produced during arbitration can be made public. This is an
advantage for people who are in business, since their disputes
are nor displayed for their competitors to see