In a development agreement, is arbitration an appropriate mechanism for resolving disputes between the developer and the developer?
Newfoundland and Labrador, Canada
The following excerpt is from 10718 Nfld. Inc. v. St. John's (City), 2018 NLSC 82 (CanLII):
In a complex multi-purpose development, such as is the case here, resolving disputes by way of arbitration may provide a time-efficient and cost-effective alternative to litigation, and in this regard, the City’s rationale for the inclusion of arbitration as a dispute resolution mechanism, in development agreements is sound (See Seidel v. Telus Communications Inc., 2011 SCC 15 at paragraph 23).
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