Apology Legislation and its Implications for International Dispute Resolution

2015 9(2) Dispute Resolution International 115

UWA Faculty of Law Research Paper No. 2015-9

25 Pages Posted: 21 Oct 2015

See all articles by Robyn Carroll

Robyn Carroll

University of Western Australia

Christopher To

City University of Hong Kong (CityU) - School of Law

Marc Unger

Borden Ladner Gervais LLP

Date Written: 2015

Abstract

The importance of apologies in resolving civil disputes is well documented amongst researchers, practitioners and lawmakers. Yet fears that an apology will be treated as an admission of liability or disentitle a defendant to claim an insurance payout often puts a ‘chill’ on apologetic behaviour. Recognising the value that an apology can hold for parties to a dispute and with the intent of reducing this ‘chill’, a growing number of legislatures in the common law world have enacted legislation that ‘protects’ apologies offered in some contexts. This article overviews this legislation, with an emphasis on recent developments and practical implications of this legislation for international dispute resolution practitioners and their clients.

Suggested Citation

Carroll, Robyn and To, Christopher and Unger, Marc, Apology Legislation and its Implications for International Dispute Resolution (2015). 2015 9(2) Dispute Resolution International 115 , UWA Faculty of Law Research Paper No. 2015-9, Available at SSRN: https://ssrn.com/abstract=2677033

Robyn Carroll (Contact Author)

University of Western Australia ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

Christopher To

City University of Hong Kong (CityU) - School of Law ( email )

6/F, Lee Shau Kee Building
Kowloon, Shatin, New Territories
Hong Kong

Marc Unger

Borden Ladner Gervais LLP

Calgary
Canada

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