In Canada, the available sets of arbitration rules are designed for corporate-commercial disputes and general civil disputes. None are designed for family law disputes, which is especially problematic in jurisdictions like British Columbia, where the Arbitration Act specifies the rules that will be used absent the parties’ agreement to the contrary. Those rules, by the way, are the domestic rules of the BC International Commercial Arbitration Centre, which are hardly ideal for family law disputes and require hefty payments to the Centre.
As a result, in many jurisdictions lawyers taking a case to arbitration simply adopt the local rules . . . [more]