Academic journal article Energy Law Journal

Arbitration Law of Canada: Practice and Procedure (Third Edition)

Academic journal article Energy Law Journal

Arbitration Law of Canada: Practice and Procedure (Third Edition)

Article excerpt


by J. Brian Casey

Most disputes in the energy sector are ultimately resolved by either a regulatory agency or an arbitration panel.1 The courts are generally a distant third. Regulators have the primary jurisdiction, but the majority of the contract disputes end up in the hands of arbitrators. Arbitration has grown tremendously over the last twenty years - particularly domestic energy arbitration.2

In the United States, domestic arbitration takes place, for the most part, under a Federal statute. In Canada, it is largely under Provincial statutes. However, the principles are largely the same. In addition, much of the domestic arbitration in the energy sector involves cross-border disputes. They usually take place in one of four cities - Houston, Calgary, Toronto or New York. That is why the latest book by Brian Casey will be of particular interest to American energy lawyers.

September 10, 2016, was an important day in Canadian arbitration circles. On that day, Casey sent the third edition of Arbitration Law of Canada: Practice and Procedure to the publishers in New York. The "Red Book" - as we know it - has become a staple in Canadian arbitration. It is the Bible for both arbitrators and counsel alike.

The book has grown a bit since the first edition in 2004 and the second edition in 2011. The first edition was only 358 pages.3 The second was 459 pages.4 Now, it is 578 pages.5 Those pages do not include the Appendices, which are very useful despite the additional size and weight. Those Appendices were crucial to the initial success of this book and they remain so. This book is one-stop shopping. The Appendices include all the necessary references to the relevant statutes and rules. …

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