Keep Them Calm and Arbitrate On!
Workshop Description
Conflict in arbitration arises when the process is conducted as a fight, a battle, or a struggle. This can defeat the process and frustrate realization of the parties’ objectives. This talk will focus on four sources of conflict: the party who 1) does not want to be in arbitration, but who has no choice because of a contractual or statutory arbitration requirement; 2) refuses to participate in the process (and/or to pay the tribunal’s fees); 3) fights everything: the rules, the laws, jurisdiction and procedural orders; and 4) participates over-zealously, whether personally or through counsel. Strategies to minimize such conflicts are suggested.
Background
David Alderson has 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. He is on the
ADR Institute of Ontario List of Member Arbitrators. The Ontario Superior Court of Justice has appointed David in 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 their
Arbitrator Member Roster.
Past Speaking Engagements on Arbitration Subjects
David has spoken to lawyers 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)
Toronto 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)
Contact | Links to Biography
Please see David’s bio webpage and his LinkedIn page for his areas of past local and international litigation experience.
Terms of Appointment available on request.
Call for Availability and Appointment
Contact the Intake Coordinator at (416) 979 2020, ext. 223 or by email at info@gilbertsondavis.com
Hourly Rates: Fee rate on application: Competitive Fee Rates Offered, plus facilities and applicable taxes.
Languages: English
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About the Author
David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and Mediator
David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and Mediator, has practiced over 40 years as a commercial and business litigator in diverse matters in the courts and in domestic and international arbitration proceedings in Ontario, England & Wales, Bermuda and Dubai. David is also admitted in New York. He is a qualified, experienced and independent arbitrator. The ADR Institute of Canada has accredited David as a Qualified Arbitrator. He accepts appointment as a sole arbitrator and as a panel member in a panel arbitration concerning business, commercial, commercial leasing, commercial rent renewal disputes, condo, contract, construction, distribution, employment, events cancellation, franchise, joint venture, marine, oppression remedy, partnership, procurement, real estate, reinsurance, sale of good, sale of business, technology and transportation disputes. David also offers practice management arbitration of procedural disputes in the courts. He is an experienced commercial mediator.
Bio | Lawyer | Arbitrator | Mediator | Contact