LAW599
Commercial Arbitration
(Meshel)
Prerequisite courses: None
Prerequisite for: None
Instructor(s): Professor Tamar Meshel
Course credit: 3
Method of presentation: Lecture/seminar
Teamwork: No
METHOD OF EVALUATION
Participation (15%): The participation mark is comprised of participation in an in-class mock exercise (6%) and participation in three guest lectures, including submitting questions for the guest lecturers to the instructor in advance of the lectures and engagement during the lectures (9%).
In-class Exam (40%) to be held in November.
In-class mock exercise (45%): Students will act as counsel in a mock scenario relating to various aspects of the arbitral procedure. Each student will prepare a 1,500-word written pleading (25%), present oral submissions for 10 minutes (10%), and prepare a post-argument 800-word reflective paper (10%).
COURSE DESCRIPTION
Contractual arbitration clauses have become ubiquitous in domestic and international commercial dealings in Canada and around the world. These clauses require parties to resolve their disputes out of court and allow them to design much of the dispute resolution procedure.
Legislatures and courts in Canada have created a complex body of statutes and case law to govern the enforceability and effect of domestic and international commercial arbitration agreements and awards. In addition, international treaties have been devised to govern certain international arbitrations, and arbitration institutions have become important rule-makers in the field. While fundamentally a matter of contract, arbitration also has important public policy aspects such as access to justice and consumer protection. Legal reform with respect to these aspects of arbitration is continuously debated in Canada and abroad.
This course provides an in-depth introduction to the fundamental statutory and common law principles governing domestic and international commercial arbitration in Canada, as well as to the practice of commercial arbitration. It will familiarize students with the legal framework, the role of the courts and arbitral institutions, the main elements of effective arbitration agreements, the selection of the tribunal and challenges to arbitrators, jurisdictional issues, pre-hearing procedure, evidentiary issues, the arbitration award, and recourse from it.
SPECIAL COMMENTS
Description updated 2025-26. Please contact the instructor for any specific questions you may have related to this particular course section.
REQUIRED TEXTS (IF ANY)
In-house materials.