Adjournment Request Denied! Ontario Court Recognizes Arbitral Award from China

Gilbertson Davis LLPAlternative Dispute Resolution (ADR), Arbitration, Arbitrators, Business Litigation, Civil Liability, Civil Litigation, Commercial and Contract Litigation, Commercial Arbitration, Commercial Arbitrator, Debt and Enforcing Judgments, Enforcement of Foreign Arbitral Awards, Enforcement of Foreign Judgments0 Comments

In the recent decision of the Ontario Superior Court of Justice (“ONSC”), Xiamen International Trade Group Co., Ltd. v. LinkGlobal Food Inc., 2023 ONSC 6491, the applicant sought the recognition and enforcement of an arbitration judgment of the Xiamen Arbitration Commission (the “Award”). The underlying arbitration dispute related to a contract entered into by the parties wherein the applicant was to purchase protective masks from the respondent for the purchase price of US $532,224.00. The contract between the parties contained an arbitration clause and a choice of law clause providing that the law of the People’s Republic of China governed any dispute over the contract between the parties. In the arbitral proceeding in China, the applicant sought a refund of the purchase price of the masks and compensation for other costs incurred. A panel of three arbitrators unanimously ruled in favour of the applicant and granted the Award. As the … Read More

Family Business Litigation | Start Up Company Litigation

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAppointing Auditor, Appointing Inspector, Business Arbitrator, Business Defamation, Business Dispute Arbitrator, Business Disputes, Business Law, Business Litigation, Commercial, Commercial Arbitration, Commercial List Matters, Directors' and Officers' Liability, Family Business Disputes, Shareholder Disputes, Start-Up Disputes0 Comments

We have experience acting for, advising and representing those in closely-held company litigation, both arising from family business disputes and start-up company disputes. Family Business Disputes Many businesses in Canada are family businesses or have evolved from family businesses. Family businesses present many unique challenges as they grow, as key members of the company or partnership leave the family business, or when personal relationships of the key members of the family business thereby change or deteriorate. One of the most common differences between a family business and other established businesses, whether or not a shareholders’ agreement, partnership agreement and other legal documentation was used in the formation of the family business, is the informality in operation of the family business, including the often ignored distinction in fact between employees, shareholders, or partners – since family members often take on multiple roles. Please see our webpage on Family and Closely Held … Read More

Service Abroad in Civil and Commercial Litigation

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorBusiness Litigation, Casino Debt Recovery, Commercial, Commercial and Contract Litigation, Commercial Arbitration, Commercial Litigation, Corporate Litigation, Cross-Border Litigation, Hague Conventions, International Commercial Arbitrator, International Distribution, International Litigation, International Reinsurance Dispute, International Sale of Goods, Internet Defamation, Online Defamation, Passing Off, Request for International Judicial Assistance, Trademark Infringement0 Comments

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

Ontario Superior Court of Justice Finds Expired Arbitration Award Relevant in Motion for Injunctive Relief

Tyler O’HenlyAlternative Dispute Resolution (ADR), Arbitration, Arbitrators, Business Dispute Arbitrator, Business Disputes, Business Litigation, Commercial, Commercial and Contract Litigation, Commercial Arbitration, Commercial Arbitrator, Commercial Contracts, Commercial Law, Commercial Litigation, Contract Disputes, Corporate Litigation, Injunction & Specific Performance, Internet | Technology, Moving Litigation to Arbitration, Technology Arbitrator0 Comments

In Rogers v. TELUS Communications Inc., 2023 ONSC 5398, the Ontario Superior Court of Justice held that the terms of an expired arbitration decision are relevant when a party seeks injunctive relief that contradicts its terms. The moving and responding parties are both prominent competitors in the Canadian telecommunications market. Under a requirement imposed by the Government of Canada, their customers have the reciprocal ability to “roam” on the other carrier’s network in areas where their own carrier does not provide coverage. This obligation allows Canadian customers to access wireless services across the country. For a time, the parties did not agree on what was displayed to customers when they were roaming on a competitor’s network. The primary dispute was whether the network identifier (“NID”) displayed in the top-left corner of most mobile devices would connote an extension of their own carrier’s network (i.e. “[Carrier]-EXT”), or if it would notify customers … Read More

Recognition of Foreign Judgments and Arbitral Awards – Recent Decision of the Ontario Superior Court of Justice says Ontario Court is Not to Intervene Absent Exceptional Circumstances

Gilbertson Davis LLPArbitrators, Business Arbitrator, Business Litigation, Civil Liability, Civil Litigation, Commercial and Contract Litigation, Commercial Arbitration, Commercial Arbitrator, Commercial Litigation, Cross-Border Litigation, Debt and Enforcing Judgments, Enforcement of Foreign Arbitral Awards, Enforcement of Foreign Judgments0 Comments

The Ontario Superior Court of Justice (“OSCJ”) recently released its decision in Costco Wholesale Corporation v. TicketOps Corporation, 2023 ONSC 573, granting an application to enforce judgments received by the applicant from the United States District Court (Western District of Washington at Seattle) and/or the underlying arbitral awards. At the same time, the OSCJ also rejected the Respondents’ motion to convert the application into an action. Recognition of Awards With regard to the Awards, the OSCJ advises as follows: “In Ontario, foreign arbitral awards are enforceable through the International Commercial Arbitration Act, 2017, S.O. 2017, c. 2, Sched. 5 (“ICAA”).  The ICAA provides that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“Convention”) has force of law in Ontario.  The Convention is set out in Schedule 1 to the ICAA.  The ICAA also provides that the Model Law on International Commercial Arbitration (“Model Law”) has force of law in Ontario.  The Model Law is set out in Schedule 2 to the ICAA.” The OSCJ notes that the Convention and … Read More

Arbitration and Summary Judgment – Is Summary Judgment Available in Arbitration Matters?

Gilbertson Davis LLPAppeals, Arbitration, Civil Litigation, Commercial and Contract Litigation, Commercial Arbitration0 Comments

In the arbitration preceding the Ontario Superior Court of Justice (“OSCJ”) decision, Optiva Inc. v, Tbaytel, 2021 ONSC 2929 (CanLII), the respondent successfully brought a motion for summary judgment before a sole arbitrator. The applicant then appealed the arbitrator’s award to the OSCJ, arguing, among other things, that the arbitrator could not, absent consent of the applicant, proceed by way of summary judgment. The OSCJ disagreed with the respondent’s position, instead affirming that the “arbitrator could elect to proceed by summary judgment absent the consent of [the applicant]”. The court cited, as authority for its conclusion, section 20(1) of the Arbitration Act, which states: 20 (1) The arbitral tribunal may determine the procedure to be followed in the arbitration, in accordance with this Act. The OSCJ opined that “summary judgment should be available to the parties in an arbitration subject to the requirement” that the process: Allows the arbitrator to … Read More

Motion by Arbitrator | Application by Arbitrator | Procedure Arbitration

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAppeals, Application by Arbitrator, Arbitration, Arbitrators, Business Dispute Arbitrator, Case Management Arbitrator, Commercial, Commercial Arbitration, Commercial Arbitrator, Motion by Arbitrator, Moving Litigation to Arbitration0 Comments

TorontoArbitrator.com  Sole Arbitrator – from $450.00 per hour, plus HST Access to Justice  Parties Agree That Motions & Applications be Heard and Determined by an Arbitrator  Lawyers are already doing this to address the needs of their clients in existing civil and commercial litigation in the courts. 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 have evolved.  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. Due to the current difficulty in obtaining an early date for the hearing of a motion or of an application, commercial and civil litigation lawyers are proactively addressing their client’s needs by arbitrating motions and application.  They agree to do … Read More

Business Dispute Arbitrator – Qualified Arbitrator with Reasonable Fees

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAgency Arbitrator, Arbitration, Arbitrators, Brokerage Arbitrator, Business Arbitrator, Business Dispute Arbitrator, Commercial, Commercial Arbitration, Commercial Arbitrator, Commercial Lease Arbitrator, Distribution Arbitrator, Employment Dispute Arbitrator, Energy Arbitrator, Franchise Arbitrator, Infrastructure Arbitrator, International Commercial Arbitrator, Internet Arbitrator, Investment Arbitrator, IT Arbitrator, Joint Venture Arbitrator, Licensing Arbitrator, Partnership Arbitrator, Partnership Dispute Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Sale of Business Arbitrator, Sale of Goods Arbitrator, Shareholder Arbitrator, Shareholder Dispute Arbitrator, Technology Arbitrator0 Comments

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, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorArbitration, Arbitrators, Brokerage Arbitrator, Commercial, Commercial Arbitration, Commercial Arbitrator, International Commercial Arbitrator, Reinsurance Arbitrator0 Comments

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

Case Management Arbitrator – Arbitration | Motion Arbitration and Discovery Dispute Arbitration

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorArbitration, Case Management Arbitrator, Commercial Arbitration, Commercial Arbitrator, Commercial Litigation0 Comments

TorontoArbitrator.com  Sole Arbitrator – $450.00 per hour, plus HST 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 have evolved.  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. Case Management Arbitration | What Can be Agreed to be Referred to Arbitration? We have been offering “case management” arbitration and “case management” arbitrators throughout the pandemic. Moving court-based litigation to arbitration can include the entire contemplated proceedings;  the remaining proceeding if court-based litigation has been commenced; or only procedural parts / interlocutory steps of the proceedings, such as: pleadings motions; document production and discovery issues; undertakings and refusals motions; other procedural motions; and while … Read More

Experienced Commercial Arbitrator with Reasonable Hourly Fee Rate

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorCommercial, Commercial Arbitration, Commercial Lease Arbitrator, Condo Arbitrator, Construction Arbitrator, Distribution Arbitrator, Employment Dispute Arbitrator, Energy Arbitrator, Franchise Arbitrator, Infrastructure Arbitrator, International Commercial Arbitrator, International Joint Venture Arbitrator, Internet Arbitrator, Investment Arbitrator, IT Arbitrator, Joint Venture Arbitrator, Licensing Arbitrator, Marine Arbitrator, Maritime Arbitrator, Partnership Arbitrator, Partnership Dispute Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Sale of Business Arbitrator, Sale of Goods Arbitrator, Shareholder Arbitrator, Shareholder Dispute Arbitrator, Technology Arbitrator, Transportation Arbitrator0 Comments

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

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAgency Arbitrator, Alternative Dispute Resolution (ADR), Arbitration, Arbitrators, Brokerage Arbitrator, Business Arbitrator, Business Dispute Arbitrator, Commercial Arbitration, Commercial Arbitrator, Commercial Lease Arbitrator, Condo Arbitrator, Construction Arbitrator, Distribution Arbitrator, Employment Dispute Arbitrator, Energy Arbitrator, Franchise Arbitrator, Infrastructure Arbitrator, International Commercial Arbitrator, International Joint Venture Arbitrator, Internet Arbitrator, Investment Arbitrator, IT Arbitrator, Joint Venture Arbitrator, Labour Arbitrator, Licensing Arbitrator, Marine Arbitrator, Maritime Arbitrator, Moving Litigation to Arbitration, Partnership Arbitrator, Partnership Dispute Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Roster Arbitrator, Sale of Business Arbitrator, Sale of Goods Arbitrator, Shareholder Arbitrator, Shareholder Dispute Arbitrator, Technology Arbitrator, Transportation Arbitrator0 Comments

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

Moving Litigation to Arbitration | Arbitration Option in Times of COVID-19

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorArbitrators, Business Dispute Arbitrator, Commercial, Commercial Arbitration, Franchise Arbitrator, IT Arbitrator, Partnership Arbitrator, Shareholder Dispute Arbitrator0 Comments

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

Toronto COVID-19 / Coronavirus Lawyers and Legal Services

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorCommercial, Commercial Arbitration, Commercial Litigation, Coronavirus, COVID-190 Comments

COVID-19 Practice Group In the rapidly evolving pandemic, the lawyers at Gilbertson Davis LLP have promptly published blogs and other online content concerning the effects of COVID-19 on matters within our respective practice areas. COVID-19 Litigation and Arbitration Resources  These are conveniently indexed and accessible through our COVID-19 webpage. If your concern relates to: Contracts and COVID-19 Event Cancellation Due to COVID-19 Condo Law and COVID-19 Family Law and COVID-19 Real Estate | Commercial Leasing and COVID-19 Construction and COVID-19 Wills and Estates – Coronavirus COVID-19 and the Courts Arbitration During the Pandemic you may find Coronavirus / Covid-19 Litigation & Arbitration Resource here. Contact Gilbertson Davis LLP If you have enquiries or require legal advice or representation concerning events arising from the COVID-19 / Coronavirus pandemic, please contact the Intake Coordinator at Gilbertson Davis LLP at 416 979 2020, ext 223, by email info@gilbertsondavis.com, or though the Contact Us … Read More

Arbitration & Court Closure Due to COVID-19 / Coronavirus

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAgency Arbitrator, Alternative Dispute Resolution (ADR), Arbitration, Arbitrators, Brokerage Arbitrator, Business Arbitrator, Business Dispute Arbitrator, Commercial, Commercial Arbitration, Commercial Arbitrator, Commercial Lease Arbitrator, Condo Arbitrator, Coronavirus, COVID-19, Employment Dispute Arbitrator, Energy Arbitrator, Franchise Arbitrator, Infrastructure Arbitrator, International Commercial Arbitrator, International Joint Venture Arbitrator, Internet Arbitrator, Investment Arbitrator, IT Arbitrator, Joint Venture Arbitrator, Labour Arbitrator, Licensing Arbitrator, Marine Arbitrator, Maritime Arbitrator, Partnership Arbitrator, Partnership Dispute Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Sale of Goods Arbitrator, Shareholder Arbitrator, Shareholder Dispute Arbitrator, Technology Arbitrator, Transportation Arbitrator0 Comments

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

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAgency Arbitrator, Arbitration, Arbitrators, Brokerage Arbitrator, Business Arbitrator, Business Dispute Arbitrator, Civil Litigation, Commercial, Commercial Arbitration, Commercial Arbitrator, Commercial Contracts, Commercial Lease Arbitrator, Condo Arbitrator, Contract Disputes, Contract Termination, Coronavirus, COVID-19, Employment Dispute Arbitrator, Energy Arbitrator, Enforcement of Foreign Arbitral Awards, Franchise Arbitrator, Infrastructure Arbitrator, International Commercial Arbitrator, International Joint Venture Arbitrator, Internet Arbitrator, Investment Arbitrator, IT Arbitrator, Joint Venture Arbitrator, Licensing Arbitrator, Marine Arbitrator, Maritime Arbitrator, Partnership Arbitrator, Partnership Dispute Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Sale of Goods Arbitrator, Shareholder Arbitrator, Shareholder Dispute Arbitrator, Technology Arbitrator, Transportation Arbitrator0 Comments

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

Keep Them Calm and Arbitrate On!

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorArbitration, Arbitrators, Commercial, Commercial Arbitration, Gilbertson Davis LLP News0 Comments

Keep Them Calm and Arbitrate On!  David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and Arbitrator, will present a talk and workshop at the ADR Institute of Ontario 2020, 35th Annual General Meeting and Professional Development Conference, on June 4, 2020, entitled “Keep Them Calm and Arbitrate On: Sources of Commercial Arbitration Conflict & Tools / Techniques for Conflict Minimization“. 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 … Read More