Article | Arbitration of environmental disputes

We stumbled upon the article “Arbitration of Environmental Disputes” by David McCutcheon from Fraser Milner Casgrain LLP. Here is an excerpt:

For commercial dispute resolution arbitration has become the preferred solution that provides a fast, efficient and commercially appropriate approach to resolving complicated disputes in a reasonable timeframe.

Although there is some use of arbitration for environmental disputes, court actions have predominated. The advantages of arbitration weigh heavily in favour of an expanded use in resolving environmental disputes. Arbitration clauses could easily be incorporated into remediation and indemnity agreements, agreements of purchase and sale, warranties and consulting agreements.

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