The article, published on 20 April 2020, is entitled 'The time is right for court-facilitated arbitration' and appeared in the Canadian Lawyer. The article proposes that, now more than ever, courts should assist parties to move cases to arbitration.
Amongst other things, the article notes that the courts '...can identify suitable cases and invite the parties and counsel to a case conference to consider moving to arbitration'. It proposes that the case conference be conducted by an experienced judge who: (1) understands arbitration; (2) has good facilitation skills; and (3) is committed to making court-facilitated arbitration work. Further, that 'when parties are receptive, the judge then assists counsel in developing a protocol for the move.'
The full article can be read here or online here.
The Honourable Barry Leon is an independent arbitrator and mediator with Arbitration Place, Arbitrators@33BedfordRow (London) and Caribbean Arbitrators. He was presiding judge of BVI’s Commercial Court (2015-2018) and chair of ICC Canada’s Arbitration Committee.