Franchise mediator, arbitrator, business operations consultant, expert witness at ADR Chambers, Toronto, Canada
Answered 2 years ago
Arbitration agreements can be detailed and complex, or standardized by arbitration associations. Local law may require certain provisions, or limit the opportunity to include certain provisions. While there may be certain sections of an arbitration agreement that are desirable by principle, there is one that should always be included in an arbitration agreement in order to take advantages of the arbitrator's discretion. Some of the compelling advantages of choosing arbitration as a dispute resolution method are that it can be completed much faster than litigation, many of the delaying tactics of litigation can be limited, and it is confidential. By including a provision in the agreement that the arbitrator has jurisdiction to hear and decide procedural motions, determine issues of evidence, hear and make decisions on interim relief like injunctions, and determine costs to be awarded, the fundamental principle will be followed and the arbitration can take less time, be more focused on the evidence and facts, and allow the arbitrator to render a decision that will less likely to be appealed.