Mandatory Arbitration Clauses and Consumer Class ...

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Phone: 204-945-2896 E-mail: Website: Mandatory Arbitration Clauses and Consumer Class Proceedings executive summary A. Introduction This report examines Mandatory Arbitration Clauses in Consumer contracts that purport to bar consumers from commencing court actions, including Class proceedings. When Mandatory Arbitration Clauses are imposed upon consumers, tension arises among Class proceedings, Arbitration and choice of forum for dispute resolution. This report reviews the impact and judicial consideration of Mandatory Arbitration Clauses in Canada, and examines whether two recent decisions from the Supreme Court of Canada have provided clarity or resolution to this issue. This report further reviews the statutory regime in Manitoba regarding Class proceedings, Arbitration and Consumer protection, and compares it with regimes in other jurisdictions in order to assess whether legislative reform is necessary to ensure that consumers in Manitoba are provided with adequate protection.

Phone: 204-945-2896 E-mail: mail@manitobalawreform.ca Website: www.manitobalawreform.ca Mandatory Arbitration Clauses and Consumer Class Proceedings Executive Summary . A. Introduction . This report examines mandatory arbitration clauses in consumer contracts that purport

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