The Introduction to Arbitration Law in Canada online arbitration course will provide a detailed look at arbitration and its various processes. The Provincial Arbitration Acts will be reviewed that are applicable to students’ jurisdictions. International Arbitration Law will be discussed as will the Commercial Arbitration Act. Students will understand the legal regulation of the arbitration of disputes in Canada, including the standard for judicial review of arbitration decisions. Students will be instructed on how to draft an arbitration agreement between parties. Students will identify and apply natural justice principles that are inherent to arbitration. A 4-hour mandatory role play will include conducting a pre-hearing conference call and presiding over a mock arbitration focusing on standard rules of procedure in a hearing. (4 hours mandatory Role Play)
It is fundamental that all arbitrators understand the legal system; Students will be provided with an overview of tort law and contract law, and how it relates to the arbitration process. The legal test of “balance of probabilities” will be examined The rules of evidence will be introduced including admissibility, the role of the Charter of Rights and Freedom in excluding certain types of evidence, and the standard of “balance of probabilities.” In the Administrative Law online arbitration course students will demonstrate an understanding of and an ability to apply the principles and law relevant to the settlement through arbitration of disputes, by participation in online discussion and role plays. (4 hours mandatory Role Play)
Students will gain an understanding of the questioning, cross-examination, and redirect of witnesses. The difference between an inquisitorial and adversarial approach to evidence, subpoenas, drawing negative inferences, affidavits, expert witnesses, and other types of evidence. In the Law of Evidence in Canada online arbitration course students will learn about legal precedent and the role of legislation and case law in reaching a decision as well as how to record evidence, note writing, and properly managing exhibits and evidence. The students will also learn the basics of writing an arbitration award in both points based and narrative based structure.
In the Conducting an Arbitration Hearing online arbitration course students will gain detailed insight into the structure of an arbitration hearing and understand the formal process. They will apply the ADR standard of practice and be coached on how to oversee an arbitration hearing that respects the philosophies of impartialness, collaboration, dealing with power imbalances, and confidentiality. This course includes a major mock arbitration hearing. Students will be required to attend and must write and submit a decision regarding the hearing. (3 hour mock Arbitration Hearing)
The Laws and Ethics online arbitration course will focus on ethical compliance and obligations for Arbitration and compliance regarding regulations and codes of conduct in Canada. The purpose of this course is to teach the fundamentals of the Code of Professional Conduct from the Canadian Bar Association and the Code of Ethics from ADR Canada, to provide an overview of the importance of transparency, disclosure, and rules which are important for arbitration to maintain legal legitimacy and to discuss arbitrator-client conflicts of interest, complaints process, competency and credentialing of Arbitrators in Canada. The role play will focus on practical issues that arise in arbitration such as preliminary objections, objections to jurisdiction, and dealing with common ethical dilemmas to develop students to be able to perform the duties of an arbitrator without any apprehension of bias or conflict of interest. (3 hours mandatory Role Play)