Arbitration Agreement - Post Dispute (Canada)

Agreement affirming the decision of both parties to have a dispute resolved by a neutral arbitrator.

In recent years, the expense and delay of pursuing a lawsuit in court have pushed many to opt for binding arbitration. Under a binding arbitration, a dispute is removed from the court system, and reviewed by a neutral and independent arbitrator. Arbitration provides a cheaper, faster alternative to the court system.

There are generally two kinds of arbitration agreements; pre-dispute and post-dispute. Pre-dispute arbitration agreements set forth an understanding that any dispute arising from a particular transaction or relationship shall be heard before an arbitrator. The specific dispute in this context is generally hypothetical. In post-dispute arbitration agreements, the dispute has already occurred, and the parties to it agree specifically to remove that dispute from the court system and bring it before a neutral arbitrator. This form is designed as a "post-dispute" agreement.


This form can be used in the following provinces: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon.