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Canadian Arbitration Report 2023

Janet Walker, CM
Hon Barry Leon
Survey Co-Chairs

Canadian Arbitration Survey for Arbitration Counsel

With the support of CanArbWeek and the assistance of FTI Consulting, we are leading a survey of Canadian arbitration practitioners to compile a profile of commercial arbitration in Canada for the Canadian Arbitration Report 2023.

We are grateful to our Steering Committee, including Artem Barsukov, Eric Bédard, Rachel Howie, Hugh Meighen, Alexandra Mitretodis and Donny Surtani.

We hope that you will contribute to this initiative by completing this Survey by December 31, 2022. The Report will be available free to all to use in building the practice of arbitration in Canada.


Why this survey is important

Arbitration in Canada and Canada’s arbitration community are growing and there is strong potential for future growth. To support this growth, it will help to know more about the state of arbitration in Canada and the factors likely to affect its future.

With the assistance of FTI Consulting and its survey expertise, and with the support of CanArbWeek, we are leading a survey of Canada-based arbitration counsel, arbitrators, tribunal assistants, and experts.

The results will be useful to many stakeholders:

  • Arbitration counsel, arbitrators, and tribunal assistants, in advancing their practices and providing better service to their clients and to disputing parties;
  • Experts and other service providers in supporting arbitration practitioners and arbitrations, and in advancing their practices and businesses;
  • Corporate counsel in planning and contracting for their clients’ dispute resolution; and
  • Academics in studying and teaching in the field (including in garnering funding for those activities and arbitration mooting).

The Survey Report will document the practice of domestic and international commercial arbitration by individuals and businesses based in Canada; and it will point the way forward for us to build the practice of arbitration.

Your responses will be kept confidential

The survey is voluntary and strictly confidential. Your responses will be anonymized by the survey group at FTI Consulting through a double-blind system. Those analyzing the data will not be able to identify the respondents in any way. Those in FTI Consulting who are involved in expert witness services will not have any access to data that identifies any of the respondents.

Who and what we are surveying

We are surveying all arbitration practitioners based in Canada, wherever the parties are located, the disputes arise, or the arbitrations are seated or venued.

We are surveying all commercial arbitration activity, including investor-state and sports arbitrations, taking place wholly or partly in the period from January 2020 onwards.

Canadian Arbitration Report 2023

After the Survey data has been collected and analyzed, the Canadian Arbitration Report 2023 will be prepared for everyone to use, without charge, to further and strengthen the practice of arbitration in Canada.

We hope that the Canadian arbitration community will actively and enthusiastically support this initiative and find the results useful; and that, in the years ahead, there will be interest in further studies of arbitration in Canada.

Instructions for Completing the Survey

Depending on your practice, after first gathering your data the Survey may take approximately 20 and 40 minutes to complete. Please note that once you submit a response to a question, the survey does not permit you to return to review or change previously answered questions due to many of the survey questions being linked to prior responses.  Further, the survey will only allow a single submission per respondent. If you have any difficulties due to this feature, please send an email to the address below for assistance.

Whilst there is not an automatic ‘save’ feature, your survey responses will remain available if you continue to use the same browser.  However, if you would prefer to save the Survey to access on different devices, you will need to provide your email address to receive an individualized link to it (please email FTI.Research@fticonsulting.com for access to this feature). Your anonymized responses will remain confidential.

Preparing to answer the questions
 
Some questions in this Survey are detailed.

We suggest that you begin by gathering the following information, depending on the nature of your work:

  • Number of practitioners/experts working in arbitration at your firm (for some firms, as listed in the Survey, we intend to obtain this information directly from each firm to ensure accuracy and consistency);
  • Your experiences in drafting dispute resolution clauses and/or advising clients on commercial dispute resolution;
  • The domestic and international arbitration cases in which you have been involved as arbitrator, arbitration counsel (whether senior or junior), tribunal assistant, or expert witness (whether testifying or not) taking place wholly or partly in the period from January 2020 onwards, including arbitrations underway in January 2020 and those still underway now; and,
  • For each case, the connection(s) to Canada, the administering arbitral institution (if any), the industry, certain background of tribunal members (such as where they are based and gender), approximate amount in dispute, approximate duration of hearing, whether the case settled, and whether it involved expert witnesses or litigation funders.
Note: What we mean by “international” and “domestic” arbitration
When answering the Survey questions, the reference to ‘international arbitration’ refers to the Model Law definition of cases with parties based in different countries, seats outside of Canada, or substantial connections between the performance of the contract or the subject matter of the dispute in another country, and cases where the parties have agreed that subject matter relates to more than one country. All other arbitrations are considered ‘domestic.’

Thank You!

Please commence the Survey at your earliest convenience. We plan to close the Survey in the coming weeks. The more responses that we have by then, the more comprehensive the results will be.

We sincerely thank you for taking the time to complete this Survey.

With your support, we hope to make an important contribution to arbitration and the arbitration community in Canada.

Janet Walker, CM
Hon Barry Leon
Survey Co-Chairs

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