In the aftermath of the January 2019 Ontario Court of Appeal decision, in Heller v. Uber Technologies Inc., arbitration may have been placed under a judicial microscope as never before. In that decision, the Court of Appeal examined a lengthy arbitration agreement involving alleged employment issues and tossed it out in part, based on unconscionability. Heller v. Uber Technologies Inc. may well become the spectre that haunts private arbitration as parties move reflexively toward arbitration. So the issue for lawyers representing businesses is how they advise their clients about the use of arbitration where there is an obvious power imbalance. And the issue for arbitrators centres on their duty to provide early warning of possible trouble. While there are no available Canadian statistics dealing with the use of arbitration, on Oct. 15, 2015, The New York Times ran a lengthy, three-part series entitled Arbitration Everywhere, Stacking the Deck of Justice. According to the first part of this series, The Times examined court records dating back to 2010.