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Commercial and Civil Arbitration in Quebec
To reach an agreement, without a trial
Arbitration is a legal solution often preferred by companies and individuals for its efficiency and confidentiality, as it avoids public judgments and ensures discretion. Whether addressing complex commercial litigation or a civil dispute, the arbitration process provides a flexible alternative to traditional courts.
Arbitration agreements allow the parties to define specific rules of procedure and formal requirements tailored to their needs, ensuring a resolution process aligned with applicable provincial jurisdictions.
Lettre & Brown stands out for its recognized expertise in commercial and civil arbitration, the result of many years of experience in resolving complex disputes.
Our seasoned notaries, trained in best practices, support the parties with rigour and impartiality.
In which context should civil and commercial arbitration be used?
Civil arbitration may concern disputes related to divided or undivided property, commercial or consumer contracts, debt collection, inheritance, as well as other areas of civil law.
This legal route may prove to be a better alternative to the Quebec courts, because it respects the confidential nature of civil matters and offers a customized resolution according to the context and the law in force.
Unlike standard legal proceedings, civil and commercial arbitration in Québec, allows the parties to agree on the arbitrator who will settle their dispute, ensuring a fast, fair decision, with a final resolution that is not subject to appeal.
Our structured approach allows disputes to be resolved quickly and confidentially while respecting the requirements of the parties.
Thanks to our expertise and experience, we guide you through every step of the process, from the initial preparation to the delivery of the arbitral decision, ensuring a solution in accordance with the provisions of applicable law.
The different steps
The process is divided into three essential phases:
- Before: This first phase involves preparing documents, analyzing the evidence, and selecting the arbitrator. Our team collaborates closely with the parties to ensure that all the necessary elements are brought together, respecting the arbitration clause and the provisions of the contract in force. It is usually necessary to hold a preparatory conference (or case management conference) to ensure that all parties are ready to proceed with the hearing.
- During the hearing: The hearing is the heart of the process, where the parties present their arguments and submit their evidence. The arbitrator evaluates the elements with complete impartiality. The discussions are often more flexible than in court, allowing for adaptation depending on the nature of the dispute. There may be multiple hearings spread over several days if the arbitration is complex and requires, for example, several witnesses or in-depth explanations.
- After: Following the reception of evidence and more detailed analyses, the arbitrator issues an arbitral award, which is a final and binding decision. This decision can be executed immediately, unless an action for annulment is filed, although this is rare.
Roles and responsibilities of the different parties
In the context of arbitration, several figures play key roles:
- The parties in conflict: They agree on the choice of arbitrator, submit their arguments, and provide the necessary evidence. This process can encompass various types of disputes : commercial disputes, consumer disputes, civil and contractual dispoutes, etc.
- The arbitrator: They make a ruling according to the rules of law in force, including relevant provincial and federal legislation, ensuring an impartial and informed analysis. Their role within arbitral proceedings is central to effective dispute resolution, providing a fair and legally sound outcome.
The arbitration award
The final decision, also called an arbitral award, is a binding decision that ends the dispute. Carefully written, it details the reasons for the decision and takes all the elements presented into account.
Crafted in accordance with applicable rules and procedural rules, it reflects the arbitrator’s in-depth knowledge of the case and the law.
Entrust your arbitration to Lettre & Brown
To ensure a fast and confidential resolution of your disputes, trust the expertise of Lettre & Brown. Our dedicated team supports you throughout the process, with special attention paid to your expectations. We tailor our services to the specifics of each case to ensure that you receive a fair and compliant decision.
Contact us now to benefit from our services and obtain a customized solution that meets your needs.
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