Can a law firm refer their application to arbitration rather than assess and apportion the application before the court?
British Columbia, Canada
The following excerpt is from Murphy, Battista v. Tejani, 2009 BCSC 1782 (CanLII):
While it may have been more cost efficient to assess and apportion the fee on the same application before the court, the law firms did not decide to do this. Instead, they referred the apportionment issue to arbitration. The fact that the referral to arbitration may cost more, cause inconvenience or take longer does not make the arbitration agreement inoperative: MacKinnon v. Instaloans Financial Solution Centres (Kelowna) Ltd., 2004 BCCA 473 at para. 34.
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