The Ontario Superior Court of Justice has appointed David as sole arbitrator in commercial arbitration matters.  On other occasions his appointment has been mutually agreed by the parties and their respective legal counsel.

Membership and Arbitrator Rosters

David is a full member of the ADR Institute of Ontario and appears in its Directory of Ontario Dispute Resolution Professionals. David is on the newly formed Member’s Roster for Remote Arbitration and Mediation Services, for the provision of remote Arbitration in a number of areas of dispute, including business disputes, real estate, condo and commercial leasing disputes, sale of goods, distribution and franchise disputes, management and agency disputes, contract disputes, transportation and logistics disputes, international and domestic commercial disputes and reinsurance disputes.

David is a member of the Toronto Commercial Arbitration Society, has successfully completed their Gold Standard Course in Commercial Arbitration, and is on their Arbitrator Member Roster.

Domestic and International Experience  

He has lived and practiced law in Ontario, England, Bermuda and Dubai. He is also admitted in New York State. His LL.B (Osgoode) and LL.M (Lond.) were granted in 1980 and 1988, respectively. David’s post-graduate legal studies was designated as Commercial and Corporate.

David has appeared as a barrister in the Ontario Superior Court of Justice (including the Commercial List), the Divisional Court, the Ontario Court of Appeal, the Federal Court (Canada), Federal Court of Appeal (Canada) and the Supreme Court of Canada; as an instructing solicitor in the English High Court (Commercial and Admiralty Courts, and Chancery); and as a barrister in the Supreme Court of Bermuda.

Arbitration Appointments

He has legal experience in arbitration in Ontario, England, Bermuda and Dubai under different institutional and ad hoc rules, in a wide variety of matters, but mainly focused on the practice areas of business, commercial, international commercial, international trade, construction, technology, real estate, commercial leasing, reinsurance and marine matters, including arbitration.

David welcomes all appointments except those concerning family law matters.

His experience provides trusted appointment in disputes of all kinds, including, but not limited to commercial, international commercial, business, sale of business, shareholder and partnership, sale of goods, international sale of goods, property and real estate, commercial leasing, marine, transportation and reinsurance disputes.

Speaker on Arbitration Subjects

David has spoken at Continuing Legal Education events, and given interviews to legal publications on matters concerning arbitration, including:

• Law Times Cover Story July 20, 2018: “OCA upholds U.S. rabbinical court’s award. Province a leader in international commercial arbitration” concerning Popack v. Lipszyc, 2018 ONCA 635 (Quoted)
• Law Times Cover Story – Enforce Arbitration Agreements: Ruling, November 21, 2016, Re: Haas v. Gunasekaram, 2016 ONCA 744 (Co-Counsel on motion)
• Panelist at the Law Society of Upper Canada Continuing Professional Development program, The Annotated Partnership Agreement 2015, on the panel entitled “Review of the Differences (Legal and Drafting) Between a Partnership and a Joint Venture – Understanding the Significant Consequences“. This included discussion on the use of arbitration clauses in international joint venture agreements.
• New Developments in Emergency Arbitration Procedures – Interview Published in Law Times (April 2013)
• ABA Annual Meeting, Section of Litigation event “Strategic Choices in International Arbitration: the Impact of Forum Selection and Choice-of-Law Decisions” covering competence-competence doctrine, severability (separability) and judicial intervention in determining the jurisdiction of a tribunal; and the enforcement of arbitral awards, including public policy exclusion to enforcement and the effect of local limitation periods in the recognition and enforcement of foreign arbitration awards in UNCITRAL / Model law jurisdictions (August 2011)

Terms of Appointment

David’s Terms of Appointment are available on request from the Arbitrator’s Assistant, or a sample Terms of Appointment can be downloaded here. The password is available from the Arbitrator’s Assistant.

For first meeting and arbitration hearing availability, please contact the Arbitrator’s Assistant at (416) 979 2020, ext. 223 or by email at info@gilbertsondavis.com

Hourly Rate: Competitive Hourly Rates offered, plus facilities and applicable taxes.