A Practitioner’s Guide to Commercial Arbitration

Arbitration can be a highly effective alternative commercial dispute resolution process outside of court. Indeed, arbitration is and has historically been a widely used method for resolving commercial conflicts arising out of domestic and international corporate and commercial transactions. It has tremendous potential to resolve disputes with confidentiality, economy, efficiency, finality, durability, neutral expertise, impartiality, fairness, and more party-sensitive and satisfactory outcomes than traditional litigation.

This book is a timely contribution to the works and world of commercial arbitration: provincially, nationally, and internationally. Written by leading practitioners from different perspectives, it is intended to be a practical, handy, and valuable guide for commercial arbitration practitioners. The book will be particularly valuable for new and experienced practitioners of commercial arbitration, corporate counsel, judges, government and industry professionals, educators, students, and members of the public.

This book is dedicated to The Honourable Coulter A Osborne, QC, a renowned Canadian arbitrator and former Associate Chief Justice of Ontario, in whom wisdom and prudential judgment, learning and competence, sophistication and high ethical standards are combined.

Marvin J. Huberman

Marvin J Huberman, LLB, LLM (ADR), CS (Civil Litigation), C Arb, is a senior barrister, mediator, and chartered arbitrator with over thirty years’ experience. He represents individual and business clients, financial institutions, insurers, and governments in Toronto and has acted in cases in the United States, Europe, and internationally. Marvin has mediated hundreds of insurance cases and a wide variety of corporate and commercial matters. He is the recipient of the 2017 Corporate INTL Magazine Global Award for Partnership Disputes Mediator of the Year in Canada. He has acted as a commercial arbitrator in complex cross-border matters and disputes in corporate law, employment law, real estate and leasing, insurance disputes, intellectual property and high-technology, administrative and constitutional law, motor vehicle accident, and statutory accident benefit cases for the Financial Services Commission of Ontario. He has been awarded the Lawyer International Global Award in 2017 for Law Firm of the Year — Commercial Arbitration — Canada. Marvin is a founding member of the Chief Justice of Ontario’s Advisory Committee on Professionalism and was appointed by the Chief Justice as a member of the Ontario Civil Rules Committee. He is passionate about commercial arbitration and serves as an executive committee member of the Toronto Commercial Arbitration Society.

Chapter Title Abstract Contributors Pages Year Price

Preview

Arbitration is set within the larger dispute resolution system and its own legal framework. Some foundational theories are discussed, as well as the processes that come into play during arbitration. 37 $3.70

Preview

The author outlines common errors made in drafting arbitration clauses and the role of procedure in promoting effective dispute resolution. A checklist and draft standard arbitration clauses are … 26 $2.60

Preview

This chapter attempts to challenge lawyers accustomed to litigation to redirect their efforts using dispute resolution techniques. 35 $3.50

Preview

The process of selecting arbitrators and which arbitrators to select are outlined. 26 $2.60

Preview

Sometimes arbitral awards are challenged based on allegations of bias or significant procedural breaches. This chapter shows where the line is likely to be drawn and how to deal with such challenges. 20 $2.00

Preview

The author advocates for evidence first arbitration to produce more cost-effective and timely results than litigation. A sample procedural order is appended. 30 $3.00

Preview

The most significant advantage of arbitration is the ability of the parties working in conunction with a skilled and experienced arbitrator to design a procedure most appropriate to the nature of … 48 $4.80

Preview

Advice on advocacy from legendary lawyers. 14 $1.40

Preview

This chapter aims to assist lawyers to abandon their litigation mindsets and learn the primary arbitral practices to successfully adapt important advocacy skills to the arbitral forum. It also … 47 $4.70

Preview

Three eminent former litigators who went on to become appellate judges and now highly regarded commercial arbitrators have an informal conversation. 11 $1.10

Preview

The extent to which Canadian courts become involved in the arbitral process is now governed expressly by legislation. This chapter discusses both domestic Acts and the UNCITRAL Model Law, and … 31 $3.10

Preview

Concurrent expert evidence, also known as hot tubbing, is the process of using experts with opposing views on a panel and having them engage in a direct dialogue. It is being used in litigation … ; 26 $2.60

Preview

The role of the expert and ways that bias may impact the expert’s evidence are discussed. Best practices and the most effective way to make use of an expert are also covered. Finally, there … 16 $1.60

Preview

Med-Arb is an alternative dispute resolution process that allows the same selected person to both mediate and, if mediation fails, arbitrate the dispute. This chapter discusses its advantages and … 10 $1.00

Preview

This chapter deals with the appeal, setting aside, and enforcement of both domestic and international arbitral awards, and the governing legislation. ; 35 $3.50

Preview

The author advises how best to craft an effective argument that might influence an appeal of an arbitral award, and reviews the different considerations to keep in mind when appealing from an … 18 $1.80

Preview

The Court of Innovative Arbitration (COLA) was initially established to provide an expedited commercial arbitration process without hearings, and is modelled after the Basketball Arbitral … ; 18 $1.80