Canada:
New Principles And Proper Approach To Record Disclosure In ADR Perspectives
17 January 2023
Burnet, Duckworth & Palmer LLP
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Arbitrators will not hold parties' hands in record
disclosure. Instead, parties must assert their access to an
opposing party's records clearly and promptly. A party's
after-the-fact complaint about poor record disclosure will not be
sufficient to set aside an arbitrator's decision because of
unfairness, if the record disclosure was incomplete, but
uncontested.
Rachel Clarke and Alex Ogilvie discuss the principles and proper
approach to record disclosure in their article for ADR
Perspectives.
Read the full article here.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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