In 1981, an international working group was formed with the objective of creating a model law for commercial arbitration. The goal was to develop a framework for utilization as a reference for domestic legislation by nations aiming to establish a contemporary legal structure promoting commercial arbitration. The Model Law was formally adopted by the United Nations Commission on International Trade Law (UNCITRAL), on June 21, 1985. The United Nations Commission on International Trade Law, sometimes known as the Model Law, provides the basis of Ontario’s statute for the International Commercial Arbitration Act, 2017, S.O. 2017, c. 2, Sched. 5. In 1986, Canada was the first country to adopt the Model Law with the federal Commercial Arbitration Act, and British Columbia was the first jurisdiction in the world to adopt the Model Law with the enactment of the International Arbitration Act. Today, legislation based on the Model law has been adopted … Read More
No Adjournment Granted, International Arbitration Award Upheld: Court of Appeal for Ontario
In Xiamen International Trade Group Co., Ltd. v. LinkGlobal Food Inc., 2024 ONCA 605, the respondent brought an application in Ontario to enforce an international arbitration award from China. During the hearing of this request, the appellant sought an adjournment of the hearing to initiate legal proceedings in China. The goal of these proceedings was aimed at compelling the appellant’s former legal counsel to provide testimony regarding alleged breaches of natural justice in the international arbitration process. Such breaches, if substantiated, may have resulted in the refusal to enforce the arbitration award. The Court of Appeal for Ontario denied the appellant’s argument, noting that the scope of denial for an international arbitration award is “narrow” and without evidence or substantive submissions with an air of reality, judgment should be granted to enforce the order. The Court of Appeal remarked that the appellant had a complete year from the date of … Read More
Service Abroad in Civil and Commercial Litigation
The Hague Service Convention Since 1989 Canada has been a member of Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, (the Hague Service Convention). Incoming Service of Foreign Process We have blogged before about the requirement of the Hague Service Convention that its member States designate a “Central Authority” to accept incoming requests for service. There are alternatives to the Hague Service Convention service of foreign process in Ontario. Service of Ontario Process Abroad As other jurisdictions become, or will become, members of the Hague Service Convention, the Status Table is updated. For instance, see the status of Azerbaijan (November 1, 2023), Singapore (December 1, 2023) and Paraguay (January 1, 2024) on the Status Table. Why Chose Gilbertson Davis LLP? One of the senior commercial litigation lawyers at Gilbertson Davis LLP, though now only practicing in Ontario, has also practiced … Read More
Procurement Dispute Arbitrator – Independent, Qualified, Reasonable Hourly Fees, and Good Availability
Procurement Arbitrator, Procurement Dispute Arbitration, Government Procurement ADR, Public Procurement Arbitrator, Goods and Services Dispute Arbitrator, Public Contract Arbitrator and P3 Contract Dispute Arbitrator Sole Arbitrator – $450.00 per hour, plus HST David Alderson is an independent, experienced and Qualified Arbitrator whose domestic and international practice in sale of goods and services, infrastructure, construction, projects, project finance and joint ventures make him an ideal choice as sole or panel arbitrator for procurement disputes involving any level of Government. The administration of arbitral services is provided by Gilbertson Davis LLP Arbitration Chambers, an established arbitration chambers serving Ontario and elsewhere, from its office in the Toronto Financial District. David Alderson has been appointed by the Ontario Superior Court of Justice in commercial arbitration disputes. Procurement Disputes David can arbitrate disputes arising from contracts for goods or services involving any level of government in Canada, provinces or municipalities, multi-level joint venture, involving … Read More
Arbitration Chambers – in the Adelaide St. “Arbitration Alley”
TorontoArbitrator.com Gilbertson Davis LLP Arbitration Chambers is established among the numerous arbitration chambers situated along or nearby the the short span of Adelaide Street between Bay and Yonge Street in the Toronto Financial District. Sole Arbitrator – from $450.00 per hour, plus HST Reasonable Fees and Good Availability It offers experienced, independent and qualified commercial arbitrators and commercial mediators at very competitive and reasonable hourly fee rates and good availability for hearings for both substantive dispute arbitration and procedural arbitration. Commercial Arbitrators All our arbitrators are senior legal practitioners who also accept appointments as independent arbitrators. They are distinguished in their respective areas of practice and have differing legal practice backgrounds, through diversity of their legal experience in the world of reinsurance, insurance, business disputes, shareholder and partnership disputes, international trade & distribution, sale of goods, share of businesses, procurement, commercial leasing, employment, technology and marine matters, and from foreign legal … Read More
Business Dispute Arbitrator – Qualified Arbitrator with Reasonable Fees
Business Disputes Arbitrator | Business Claims Arbitrator | Experienced Business Dispute and Business Claim Arbitrator | Independent and Qualified Arbitrator with Reasonable Fees and Good Availability Sole Arbitrator – $450.00 per hour, plus HST Experience David Alderson, LL.B, LL.M (Commercial and Corporate), Qualified Arbitrator accepts arbitrator appointments, both as sole arbitrator and as panel arbitrator, for business disputes and business claims, including corporate disputes, shareholder disputes, joint venture disputes, family business disputes, closely held business disputes and start-up business disputes, as well as sale of business disputes. He is qualified, independent, and offers appointment on reasonable fees and with good availability. The Ontario Superior Court of Justice has appointed David as arbitrator in commercial arbitration matters and he regularly sits as an arbitrator in business and commercial disputes. David is a member of the Toronto Commercial Arbitration Society, and has successfully completed the Toronto Commercial Arbitration Society Gold Standard Course in … Read More
Reinsurance Arbitrator
David Alderson has reinsurance law practice experience in Canada, Bermuda and London, England, and offers appointment as a sole arbitrator and panel arbitrator in both domestic and international reinsurance arbitration. He is an experienced, independent and qualified arbitrator. David has been appointed sole arbitrator by the Ontario Superior Court of Justice in commercial arbitration matters and regularly sits as an arbitrator in commercial arbitration. Click here for Reinsurance Arbitrator webpage. Sole Arbitrator – $450.00 per hour, plus HST Background David Alderson has acted for and represented ceding insurers, reinsurers, retrocessionaires, brokers and other intermediaries and has provided coverage and claims advice and representation in relation to many types of reinsurance agreements and arrangements, including quota share, excess of loss, treaty and facultative agreements. He has advised and acted in a wide range of reinsurance matters. His preferred reinsurance arbitration appointments include, but are not limited to, aviation risks, broker’s liability, … Read More
Experienced Commercial Arbitrator with Reasonable Hourly Fee Rate
David Alderson – Experienced Commercial Arbitrator with Reasonable Hourly Fee Rates Sole Arbitrator – $450.00 per hour, plus HST Experienced and Qualified Commercial Arbitrator David has been accredited by the ADR Institute as Canada as a Qualified Arbitrator (Q.Arb). He accepts appointments as a commercial, international commercial, business dispute, real estate, commercial leasing, construction, condo, technology, marine, reinsurance and employment arbitrator, at reasonable hourly rates and with good availability. David has acted as counsel in both domestic and international arbitration, including institutional and ad hoc arbitration. David has completed the Foundations in Judicial Competencies Series, and has been granted a Certificate of Completion by the Ontario Bar Association. Trusted Arbitrator Appointed by the Court and by Agreement of Parties 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 … Read More
Toronto Arbitrators – Reasonable Fee & Good Availability
Sole Arbitrator – from $450.00 per hour, plus HST Gilbertson Davis LLP Arbitration Chambers Arbitrators All of the Gilbertson Davis LLP Arbitration Chambers arbitrators are senior legal practitioners who also accept appointments as arbitrators. They are distinguished in their respective areas of practice and have differing legal practice backgrounds, through diversity of their legal experience in the world of reinsurance, insurance, business disputes, shareholder disputes, partnership disputes, commercial disputes, commercial leasing, construction, employment law, condo law, IT and IP, sale of goods, franchise, international trade & distribution, and marine matters, through language skills, and from foreign legal experience and accreditations. This makes a Gilbertson Davis LLP Arbitrator uniquely qualified for your consideration. Accepting Appointments & Arbitration During the Pandemic Gilbertson Davis LLP Arbitration Chambers is open, and the chambers arbitrators are accepting appointment and progressing arbitration proceedings, despite the pandemic. Through our experience in the case management of arbitration, we … Read More
Arbitration Without an Arbitration Clause | When Can I Arbitrate?
When Is Arbitration Available? An agreement to refer or submit disputes to arbitration may be made before a dispute arises or after a dispute has arisen. Arbitration Clause and Standalone Agreement to Submit Disputes to Arbitration An agreement to arbitrate typically appears as an arbitration clause in a contract in relation to which a dispute has arisen. However, resolving disputes by arbitration may be possible even if the parties have not included an arbitration clause in the contract – if they agree to submit disputes to arbitration by a standalone arbitration agreement. This way the parties to a dispute can agree to submit a dispute to arbitration even if they did not include an arbitration clause in the contract, if any, in dispute. This option provides the parties with the advantages of arbitration as a presumptively private and confidential, efficient, faster and therefore less expensive way to resolve disputes. Statutory … Read More
Commercial Arbitrator at Reasonable Hourly Rates – David Alderson
David Alderson. LL.B, LL.M. Q.Arb – Background Sole Arbitrator – $450.00 per hour, plus HST David has been accredited by the ADR Institute as Canada as a Qualified Arbitrator (Q.Arb). He accepts appointments as a commercial arbitrator, international commercial arbitrator and as a business dispute arbitrator, at reasonable hourly rates and with good availability. The Ontario Superior Court of Justice has appointed David in commercial arbitration matters. David is a member of the Toronto Commercial Arbitration Society, has successfully completed their Gold Standard Course in Commercial Arbitration, and is on the TCAS Roster of Arbitrating Members. He is also a Full Member of the ADR Institute of Ontario and appears in its Member Directory. David is on the Ontario Bar Association roster of Remote Arbitrator and Mediator Services. David has lived and practiced commercial arbitration in Ontario, England, Bermuda and Dubai, in a wide variety of disputes in a diverse range of businesses … Read More
Remote Arbitration Hearings | Remote Court Hearings – Emerging Protocols for COVID-19 / Coronavirus
“It is the duty of all the parties to seek to co-operate to ensure that a remote hearing is possible.” ~ Justice Teare (Commercial Court, a Queen’s Bench Division of the High Court of Justice, England and Wales) Protocols on the use of video conferencing in arbitration and court hearings are emerging: Remote Arbitration Hearings The Seoul Protocol on Video Conferencing in International Arbitration was drafted and discussed by a panel of arbitration practitioners in 2018, consisting of Kap-You (Kevin) Kim as moderator (Partner, Peter & Kim), Yu-Jin Tay (Partner, Mayer Brown), Ing Loong Yang (Partner, Latham & Watkins LLP) and SeungMin Lee (Partner, Shin & Kim), and has been revised to reflect comments from the Seoul International Dispute Resolution Center (released March 18, 2020). Remote Court Hearings The Ontario Superior Court of Justice Practice Directions and Notices regarding COVID-19 (updated March 31, 2020) has published the Notice Regarding Videoconference … Read More
Arbitration & Court Closure Due to COVID-19 / Coronavirus
Litigants and lawyers requiring timely resolution of disputes and who have no or limited access to the courts for trials or other hearings because of COVID-19 / Coronavirus related court closures, or for whom a public court-centered proceeding is inappropriate, may wish to consider arbitration as an alternative to litigation. In-person, video or teleconferencing determinations of arbitrated disputes at reasonable rates can resolve procedural and substantive issues more quickly than our courts in the current COVID-19 / Coronavirus related crisis, and very often in ordinary circumstances where congested dockets unfortunately preclude expedited case determinations. With the consent of the parties to litigation, and at virtually any stage of the litigation, an ad hoc arbitration can be arranged. Arbitration may be the forum best suited to the resolution of your dispute across a broad range of practice areas. Please see the Gilbertson Davis LLP Arbitration & Mediation Chambers webpage, and other … Read More
Contract Arbitrator – Event Cancellation Dispute Arbitrator, Force Majeure Clause Dispute – Reasonable Fees and Good Availability – Gilbertson Davis LLP Arbitration and Mediation Chambers
Contract Dispute Arbitrator 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 … Read More