Rarely, and only on narrow grounds. Five decisions from Ontario and British Columbia in July 2026 show a consistently high threshold for judicial intervention in arbitral proceedings and awards. In Mandani v. Arasi, however, the award was set aside because the arbitrator had failed to disclose an ongoing professional relationship with a party.
The arbitration clause is usually the last thing negotiated and the first thing that matters when a dispute arises. In international commercial contracts, a well-drafted arbitration clause is the foundation of effective dispute resolution: it determines where disputes will be heard, under what rules, by whom, and how the party can ultimately enforce the arbitral award. A poorly drafted clause does not just create procedural inconvenience. It can render the entire dispute resolution mechanism unworkable.
As general counsel managing complex international disputes, you have multiple options for legal representation: large law firms, boutique practices, or private arbitration specialists. Each model serves different needs, and understanding what a private practice offers can help you make the right choice for your specific matter.
Many law firms default to engaging a local law firm in the relevant country when managing complex cross-border arbitrations involving jurisdictions unfamiliar to them. While this approach often makes sense, it is not always optimal.
