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Commercial Arbitration without Hearings

The Court of Innovative Arbitration

From: A Practitioner's Guide to Commercial Arbitration

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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 Tribunal (BAT).

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Contributors

Richard McLaren

Professor Richard McLaren, OC, HBA, LLB, LLM, DD, C Arb, is a recipient of the Order of Canada, one of the country’s highest civilian distinctions, which recognizes exceptional achievement, service, and contribution to the country and the international community. An internationally recognized expert in sports law and arbitration, Professor McLaren has spent his career working at the highest levels to protect the integrity of sports. He is an adjudicator of sports-related disputes at both the amateur and the professional levels. He is the president of the Basketball Arbitral Tribunal, which deals with monetary disputes involving professional basketball players, agents, and clubs primarily in Europe but increasingly in South America, Africa, the Middle East, and Asia, in particular, China. As a long-standing member of and arbitrator for the Court of Arbitration for Sport, based in Lausanne, Switzerland, he has arbitrated cases worldwide, and as an ad hoc panel member of that court, he has participated in five Olympic Games. He has served as an arbitrator for the National Hockey League, dealing with salary arbitrations and player-agent disputes for the NHL Players’ Association. As a member of the World Anti-doping Agency’s 2015 Independent Commission, he examined systemic doping and corruption in Russian athletics. In 2016, he led the investigation into allegations of sample tampering at the 2014 Sochi Winter Games. Professor McLaren is an arbitrator for the British Columbia International Commercial Arbitration Centre and has acted as arbitrator in disputes for the International Chamber of Commerce and the International Centre for Settlement of Investment Disputes, as well as being a member of a number of international commercial arbitration centres such as the Beijing Arbitration Commission, London Court of International Arbitration, and Dubai International Arbitration Centre. Professor McLaren has published in a wide range of areas including dispute resolution and bankruptcy. He is a professor of law at Western University in London, Ontario, chairman of the National Sports Law Institute’s Emeritus Advisory Board at Marquette University, and a special adviser to the Straus Institute for Dispute Resolution at Pepperdine University. He is also counsel to McKenzie Lake Lawyers LLP and has extensive experience as a labour and commercial mediator and arbitrator.

Kaleigh Hawkins-Schulz

Kaleigh Hawkins-Schulz, BA, JD (expected 2018), is a law student at Western University and obtained her BA from McGill University. She is the Chief Research Assistant to Professor Richard McLaren and has assisted in numerous arbitrations and sports integrity cases. Most recently, she was a member of the team led by Professor McLaren investigating allegations of sample-tampering at the 2014 Sochi Winter Games. She also serves as a Managing Editor of the Western Law Review and is an active mentor to first year law students. In the fall of 2017, she travelled to Hong Kong to complete a semester abroad at the University of Hong Kong, Faculty of Law.