In this blog we discuss a number of internet-based “dirty tricks” that competitors or others may deploy and which may have serious adverse consequences for you or your business. I also briefly mention the types of remedies which may be available to those victimized in this way. Confusingly Similar Domain Names In today’s modern web-based commercial world, it is more important than ever to ensure that potential customers and returning customers are properly connected with your website domain name, and to use domain names that are well-branded and associated with your business. It is not uncommon for competitors, cyber-squatters, or other persons to obtain control of domain names that are confusingly similar to your trademarks, business names, or your domain name. Then there is a real risk that users seeking your website are instead directed elsewhere by that confusingly similar domain name. Recovering a Domain Name In order to recover … 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
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
Tech Arbitrator | IP Arbitrator | IT Arbitrator | Internet Arbitrator
David Alderson LL.B, LL.M, Q.Arb : Reasonable hourly rates, with good availability. Sole Arbitrator – $450.00 per hour, plus HST Experience David Alderson is an experienced, qualified and independent arbitrator who offers appointment as an arbitrator in technology arbitration. He has been appointed arbitrator by the Ontario Superior Court of Justice in commercial arbitration matters. His practice of over 40 years, and in Canada and other international jurisdictions, has been in a diverse array of commercial and technical disputes, including trademark infringement, passing off, copyright infringement, injunctions to take down fake websites and applications to transfer confusingly similar domain names, licensing disputes, reinsurance, and marine arbitration. He has been counsel in both the Federal Court and the Federal Court of Appeal in a leading trademark and internet case. He has been counsel in numerous internet-related disputes. Technology David’s practice areas, though diverse, mostly share a common trait, namely that they … 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
Arbitrator, with Reasonable Fees and Good Availability
David Alderson is an accredited, qualified, independent and experienced commercial arbitrator, who arbitrates a wide variety of disputes. He has been appointed by the Ontario Superior Court of Justice in commercial arbitration matters. David offers arbitration services at a reasonable fee, and has good availability for hearings and other arbitration procedures. Sole Arbitrator – $450.00 per hour, plus HST Arbitrating Member David is a arbitrating member of a number of institutions, including The ADR Institute of Ontario, The Toronto Commercial Arbitration Society, the Ontario Bar Association Remote Arbitrator Member Roster, and Gilbertson Davis LLP Arbitration and Mediation Chambers. He is also Senior Counsel – Commercial Litigation, at Gilbertson Davis LLP, and has practiced in a number of jurisdictions in most areas of commercial and civil litigation. Arbitration of Disputes David’s primary focus on arbitration is for commercial disputes, including business disputes, shareholder and partnership disputes, director and officer disputes, real estate, condo and commercial leasing disputes, projects and joint venture disputes, construction, sale of … Read More
Moving Litigation to Arbitration | Arbitration Option in Times of COVID-19
Click Here for our Webpage on Moving Litigation to Arbitration Access to Justice The courts in Ontario continue to address access to justice in the time of the coronavirus, providing a triage process to determine which matters are considered urgent and should be heard. Video conference arrangements in the courts are evolving. We are mindful that both criminal and family law matters are likely to take priority both now and when traditional hearings become available post-coronavirus. Moving Litigation Forward Through Arbitration If you, or your clients, are contemplating civil or commercial litigation by court-based process, because the governing agreement does not provide for arbitration (the so-called pre-dispute arbitration agreement), you should be aware that, except in very limited exceptions, those engaged in a dispute, can nonetheless agree to resolve their disputes by arbitration, whether post-dispute, mid-dispute or when court-based litigation is otherwise being contemplated or on-going. The roster of arbitrators … Read More
Expedited Arbitration Arbitrators
Expedited Arbitration Sole Arbitrator – from $450.00 per hour, plus HST Sometimes an arbitration clause provides for expedited arbitration proceedings, with time limits by stated duration for claims submissions (pleadings), discovery of documents (by request) and an early arbitration hearing date and award publication. Agreed Expedited Arbitration On other occasions the arbitration clause does not provide expressly for an expedited arbitration procedure, but neither does it prohibit that. If the parties agree, then an expedited arbitration procedure or simplified arbitration procedure for the arbitration can be directed by the arbitrator. An expedited arbitration procedure will usually be agreed at the preliminary, or first, meeting and result in a procedural order covering the entire duration of the expedited arbitration from exchange of written submissions (pleadings) up to the date of the hearing and publication of the award. Some Reasons for an Expedited Arbitration There are lots of reasons the parties may … 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