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Authors Valerie Hughes and Mark Jewett write about Canada becoming the first country in the world to implement the UNCITRAL Model Law on International Commercial Arbitration in 1986—the result of a cooperative effort by the federal, provincial and territorial governments in adopting modern commercial arbitration laws.
The authors trace the impact this had on the Canadian courts' attitude to arbitration as an alternative form of dispute resolution, evolving from hostility to active support. While acknowledging the remarkable strides made during the last 35 years, including the development an ever-expanding community of leading practitioners and academics in the field and serving as home to a number of the world's leading international commercial arbitrators, Valerie and Mark are critical of the failure of several Canadian jurisdictions—especially the federal government—to keep pace with modern commercial arbitration law.
They also consider Canada’s current position in the international commercial arbitration field more broadly, concluding with recommendations on how to better position Canada as a venue of choice for international commercial arbitration.
Read the full article here or view the full issue on the Canadian Journal of Commercial Arbitration website.