TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

EQUITABLE ARBITRATION [2 records]

Record 1 2020-07-27

English

Subject field(s)
  • Alternative Dispute Resolution
CONT

Equity arbitration relies on both equitable ideals and universal common law principles that have developed through the years. For example, a valid contract requires that one party made an offer, the other accepted it, and something of value was exchanged. If the parties never reached an agreement, there is no contract... In equitable arbitration, the arbitrator doesn’t have to follow legal technicalities or enforce parts of a contract that don’t make sense. The arbitrator can ignore certain terms that would make the outcome unfair if they were strictly enforced.

French

Domaine(s)
  • Modes substitutifs de résolution des différends

Spanish

Save record 1

Record 2 2020-01-08

English

Subject field(s)
  • Alternative Dispute Resolution
CONT

A post-dispute arbitration agreement means that an issue has arisen that could lead to litigation, but the parties instead decide to make an agreement to submit the case to binding arbitration. … A post-dispute arbitration agreement can also be made in many different types of situations. A divorcing couple may decide to sign a post-dispute arbitration agreement if they can’t work out a property settlement or custody division in their divorce. A company who is having a dispute with a customer or client may decide arbitration will be a more equitable way of resolving their issue and still be able to maintain a business relationship.

French

Domaine(s)
  • Modes substitutifs de résolution des différends

Spanish

Save record 2

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