ARBITRATION OR LITIGATION

If you are considering private arbitration instead of litigation to resolve a property or commercial dispute, here are some points to consider.

1. Both arbitration and litigation operate within the boundaries of law, both statutory and common law.
2. Just as the judgments of courts may be appealed,  so to are awards made by arbitrators unless the parties waive any appeals.
3. While procedures governing our courts are set out in rules of civil procedure, arbitration procedures are negotiable and need not include the rules governing civil litigation.
4. One of the interesting features of arbitration is the application of the legal principle that ‘equity is equality’ more so in labour and construction disputes.
5. Perhaps because of the politicization of these disputes from time to time, some arbitrators make equitable awards that one of the parties may question. It’s important for parties to agree that arbitration awards strictly reflect the evidence if they do not want arbitrators to use this kind of discretion.