80: Arbitration Law (Alex Mitretodis) - November 23, 2022

For our Season 8 finale, we are capping off the year with a discussion about arbitration law, featuring Alex Mitretodis!

Topics: consumer protection and arbitration clauses; predictive analytics; new BC legislation and rules; and our Ask-Me-Anything segment.

Full Episode (56:43) Download      Transcript

⚫What role does “unconscionability” play when assessing arbitration clauses in consumer protection matters? (9:24)
⚫ How can predictive analytics tools be used by lawyers in the arbitration context? (19:14)
⚫ What are the implications of BC’s new Arbitrations Act and the new VanIAC Rules of Procedure? (28:46)
⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (39:33)
🔵 What are some of the differences between litigating before an arbitrator and litigating before a “regular” court? (40:18)
🔵 What do you think of the characterization of Canada as an “arbitration-friendly” jurisdiction? (44:12)
🔵 What are some considerations for lawyers who are considering whether to include an arbitration clause in their contractual agreements? (46:19)
🔵 What role do arbitrations play in promoting access-to-justice? (50:28)

1. Consumer Protection and Arbitration Clauses (12:27) Download

Uber Technologies Inc. v. Heller, 2020 SCC 16
Pearce v. 4 Pillars Consulting Group Inc., 2021 BCCA 198

2. Predictive Methodologies and Legal Analytics (12:34) Download

Lenczner Slaght’s Data-Driven Decisions

3. BC’s New Arbitration Act and the VanIAC Rules of Procedure (13:50) Download

Modernized arbitration legislation comes into force” – Government of British Columbia (Sep 1, 2020)
Vancouver International Arbitration Rules of Procedure

4. Ask-Me-Anything: Arbitration Law (16:42) Download

🔵 What are some of the differences between litigating before an arbitrator and litigating before a “regular” court?
🔵 What do you think of the characterization of Canada as an “arbitration-friendly” jurisdiction?
🔵 What are some considerations for lawyers who are considering whether to include an arbitration clause in their contractual agreements?
🔵 What role do arbitrations play in promoting access-to-justice?

About the Guest:

Alexandra Mitretodis is a litigation and dispute resolution Partner in Fasken’s Vancouver office with a practice in class actions, international and domestic commercial arbitration, and commercial litigation. She works on complex files that often have a multi-jurisdictional or international dimension. Alexandra has extensive experience with clients in the technology industry, as well as expertise in competition and consumer protection matters.

Alexandra is recognized as a “Future Leader” by Who’s Who Legal Arbitration, a “Rising Star” in dispute resolution by Legal 500, and as a “Rising Star” in alternative dispute resolution by the International Institute for Conflict Prevention & Resolution (CPR). Alexandra is also named “One to Watch” by Best Lawyers in Canada in corporate and commercial litigation.

Alexandra has appeared as counsel before all levels of court in British Columbia, as well as the Federal Court and the Supreme Court of Canada. Knowledgeable of a variety of arbitration rules, Alexandra’s expertise includes cases with the International Chamber of Commerce (ICC), the International Center for Dispute Resolution (ICDR), the American Arbitration Association (AAA), the London Court of International Arbitration (LCIA), the International Centre for Settlement of Investment Disputes (ICSID), the Vancouver International Arbitration Centre (VacIAC), and the Fruit and Vegetable Dispute Resolution Corporation (DRC).

Alexandra is fluent in English and French, and has a reading knowledge of Spanish.

Alexandra also teaches Civil Procedure as an Adjunct Professor at the Peter A. Allard School of Law at The University of British Columbia.

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