Sole Arbitrator – $450.00 per hour, plus HST
An arbitrator, or an arbitration tribunal, obtains jurisdiction to adjudicate and decide a dispute from an agreement / contract which has been made by the parties to the arbitration.
This jurisdiction is not typically provided by legislation, though there are exceptions, such as the arbitration provision deemed by statute to be included in a condominium declaration.
Even if there is no arbitration clause in the contract or agreement made by the parties and a dispute arises, then parties to that contract may still agree to have their dispute determined by arbitration.
The parties to a contract may prefer to have a dispute determined by arbitration, since it is presumptively a confidential process, it may be faster and less expensive than going to court, or they may wish to participate in the selection of the adjudicator.
Common Contractual Issues Arbitrated – Cancellation and Force Majeure Clause
One of the most common disputes or differences arbitrated concerns the interpretation of the contract in determining the right and obligation of performance or relief from performance, including termination, cancellation, or suspension from performance due to the occurrence of a force majeure contract clause event.
Other issues commonly arising concerning a contract are disputes about whether there has been a breach of contract and what damages flow from the breach. On other occasions, the dispute may relate to alleged rights to cancel or terminate the contract , or suspend its operation. Arbitrators may even to be asked to decide whether the agreement from which they derive jurisdiction is valid or void, or if it should be “re-written” through the remedy of rectification so that it accords with an actual agreement.
Gilbertson Davis LLP Arbitration and Mediation Chambers
The arbitrators and mediators at Gilbertson Davis LLP Arbitration and Mediation Chambers accept appointments for alternative dispute resolution in local and international commercial, business, shareholder, partnership, joint venture, contract, property, real estate, condominium, commercial leasing, sale of goods, insurance, reinsurance, and marine disputes, at reasonable hourly rates, plus facilities and applicable taxes), and with good availability.
Type of Contracts Where Arbitration is Used to Resolve Disputes
As mentioned, some statutes require that defined disputes be resolved by arbitration. In other cases, the members of the industry commonly use arbitration to resolve disputes, because of its private process and because they can contractually decide the arbitration procedures and the law that will govern the dispute referred to arbitration. It is therefore not surprising that many standard form contracts include an arbitration clause.
Arbitration clauses may be found in most types of contracts and industries. These may include contracts of the following type and used ion the following industries.
-
- Agency Agreement
- Agreement of Purchase and Sale
- Agreements with or between Professionals
Lawyers, Doctors, Dentists, Architects and Engineers - Artist Management Agreement
- Asset Management Agreement
- Assignment of Agreement of Purchase and Sale
- Bailment – Hire and Pledge
- Brokerage – Broker
- Building, Construction, Repair, Maintenance, Renovation Contracts
- Business Contracts
- Carriage by Road | Land and Rail – Cargo Claims
- Carriage Inland Waterways and Sea –Charterparties, Towage Agreement, and Salvage Agreement
- Commercial Contracts
- Commission Contracts
- Commercial Leases
- Condominium Management Agreement
- Confidentiality Agreement
- Construction Management Agreement
- Construction and Renovation
- Contracts with Foreign Parties
- Dealership Agreement
- Distribution Contracts
- Employment Contracts
- Entertainment Agreement
- Event Management Agreement
- Franchise Agreement
- Hospital Management Agreement
- Hotel Management Agreement
- Investment Contracts
- Investment Management Agreement
- Joint Venture Agreement
- Joint Venture Contract
- Licensing Agreements
- Logistics Contracts
- Management Agreement
- Manufacturing Contract
- Marketing and Advertising Contracts
- Media Contracts
- Maintenance Agreement
- Mining Agreements
- Multimodal Carriage Contract
- Non-Competition Agreement
- Non-Solicitation Agreement
- Outsourcing Contracts
- Partnership Agreement
- Personal Service Contract
- Property Management Contract
- Project Management Agreement
- Project Management Contract
- Publishing Contracts
- Radio, Television, Film and Internet Contracts
- Real Estate Agreements
- Real Estate Management Agreement
- Recording Contract
- Rental Management Agreement
- Royalty Contracts
- Sale of Business
- Sale of Business Assets
- Sale of Goods, and International Sale of Goods
- Sale of Shares
- Settlement Agreement
- Sports Contract
- Sale of Property
- Shareholders’ Agreement
- Software Licensing Agreements
- Stakeholders Agreement
- Supply Agreements
- Technology Business Contract
- Telecommunications Contract
Contact Gilbertson Davis LLP Arbitration and Mediation Chambers
Please contact Gilbertson Davis LLP Arbitration and Mediation Chambers if you are considering the appointment of an arbitrator for a Contract Dispute or wish to determine the availability of an arbitrator.
Brief informational summaries about insurance litigation, commercial litigation and family law litigation matters in the courts of Ontario and Canada are periodically published on our website. Please note that our website content is for informational purposes only, and should not be construed or relied upon to provide legal advice. If you require legal advice, please request an initial consultation with Gilbertson Davis LLP using the Request Consultation Form on this webpage or by contacting our Intake Coordinator on (416) 979-2020, ext. 223 (both subject to the Terms of Use described on our Contact page).
Comments & Opinions by Gilbertson Davis LLP lawyers and staff on its Blog, or in media interviews, appearances or publications, or in professional publications, are personal to them, and do not necessarily represent the opinions of the Firm or anyone at the Firm other than the individual expressing those comments or opinions.
About the Author
