David Alderson
LL.B, LL.M (Commercial and Corporate)

Senior Counsel – Commercial Litigation
Commercial and Marine Arbitrator


David has practiced 35 years as commercial and civil litigator in diverse matters in the courts and in domestic and international arbitration proceedings in Ontario, Canada, England, Bermuda and Dubai. He is also admitted to practice law in New York State*

His practice is focused on business disputes, partnership and shareholder disputes, commercial litigation and arbitration, contract disputes, sale of goods and international sale of goods and distribution disputes, construction and project finance disputes, enforcement of large judgments, including US and other foreign judgments, and reinsurance litigation. David has acted as litigation counsel for large and medium-sized business located throughout the world, primarily in Canada, USA, Caribbean, Europe, Middle East, Persian / Arabian Gulf and East Asia. He has hands-on practical experience in large scale, complex litigation and arbitration, often with an international dimension and / or requiring urgent equitable remedies.


“I am a tough and tenacious, results-focused strategic advocate, whether representing you and your interests in the courtroom or through negotiation. I am a dispute resolver, who approaches challenges as opportunities, and delivers focused, efficient and personal client representation.”


LOCAL COUNSEL – ONTARIO, CANADA
David has appeared as counsel before the Ontario Superior Court of Justice, including Commercial List matters, the Ontario Court of Appeal, the Federal Court, Federal Court of Appeal and the Supreme Court of Canada in many leading and reported cases, including as co-counsel in Hryniak v Mauldin, a decision of the Supreme Court of Canada on summary judgment and access to justice, which has been has been cited in over 2,500 decisions of the courts in Canada, including over 1,500 decisions of the courts in Ontario. David is the author of the chapter entitled Sentinels of the Hryniak Culture Shift: Four Years On, included in the Annual Review of Litigation 2018, by The Honourable Justice Todd L. Archibald, to be published October 31, 2018, by Carswell / Thomson Reuters.

INTERNATIONAL EXPERIENCE – ENGLAND, BERMUDA and DUBAI (ADMITTED IN NEW YORK)*
In addition to his practice in Ontario, Canada, David has been a litigator in England, Bermuda and Dubai. He practiced international litigation in London, England (solicitor), Bermuda (barrister and attorney-at-law) and Dubai, United Arab Emirates (attorney, practicing with legal consultants). Details of David’s international litigation experience may be viewed on his LinkedIn page.*

David is also admitted in New York State (attorney and counselor-at-law).*

COMMERCIAL ARBITRATOR AND MARINE ARBITRATOR
David accepts appointments as a commercial arbitrator and as a marine arbitrator, at reasonable hourly rates and with good availability. David has acted as counsel in both domestic and international arbitration, including AAA arbitration, ICDR International Rules, ICC arbitration, LMAA arbitration, GAFTA arbitration, and various other ad hoc and non-institutional arbitrations. David is a member of the Toronto Commercial Arbitration Society.

David has been appointed as a commercial arbitrator by order of the Ontario Superior Court of Justice

Curriculum Vitae, Terms of Appointment and availability available on request.


“I accept appointments as arbitrator in both domestic and international commercial, construction, franchise, marine and reinsurance arbitration, at reasonable hourly rates, and with good availability.”


EDUCATION
University of London, University College London, LL.M, Commercial and Corporate Law, 1987, Osgoode Hall Law School, LL.B, 1980, York University, two years of BA (Mathematics and Economics), 1976, Awarded York University In-Course Scholarship each of two years of BA.
ACCREDITATIONS*
New York – 2005
Bermuda – 1998
England and Wales – 1988
Ontario – 1982


Core Practice Areas


Agent and Broker Claims
Arbitration
Business Litigation
Business Torts | Economic Torts
Commercial Arbitration
Commercial Litigation
Commercial List Matters
Construction | Projects
Contract Disputes and Litigation
Contract Termination & Force Majeure
Copyright Infringement
Counterfeit Goods
Counterfeit Website
Cross-Border Litigation and Arbitration
Debt Recovery and Enforcement
Distribution and Licensing Disputes
Defamation | Libel and Slander
Employment Law

Enforcing U.S. Judgments in Ontario
Entertainment Litigation
Estates Litigation
Finance Litigation
Financial Service Litigation
Franchisee Claims
Franchise Disputes and Litigation
Fraud Recovery for Victims
International Arbitration
Internal Company Disputes
International Commercial Arbitration
International Distribution Disputes
International Joint Venture Disputes
International Sale of Goods Litigation
Internet Litigation
Joint Venture Disputes
Loan and Guarantee Litigation
Manufacturers Litigation
Marine Insurance 
Maritime and Admiralty
Offshore Litigation
Online Defamation | Cyber Libel
Partnership Disputes
Product Liability
Project Finance Litigation
Property Disputes
Real Estate Litigation
Reinsurance
Reputation Management
Reputation Repair
Sale of Business Disputes
Sale of Goods Litigation
Shareholder Disputes
Trademark and Passing Off
Travel | Tourism Litigation
Trusts Litigation
US Debt Recovery in Ontario
Wrongful Dismissal

Anton Piller Orders
Appeals
Arbitration – Stay of Proceedings
Arrest of Ships & Aircraft
Certificate of Pending Litigation
Commission Evidence
Enforcement of Arbitration Awards
Enforcement of Judgments
Ex parte Orders
Forum Challenge
Freezing Orders
Injunctions and Urgent Remedies
Jurisdiction Challenge – Stay
Letters Rogatory
Mareva Injunctions
Norwich Orders
Oppression Remedies
Summary Judgments

Has appeared as Counsel in Courts
in Ontario and Canada:
Ontario Superior Court of Justice
Commercial List
Divisional Court
Ontario Court of Appeal
Federal Court
Federal Court of Appeal
Supreme Court of Canada

Acting in Ontario Proceedings for
Clients and with their Lawyers:
Located in U.S.
Located in U.K.
Located in China
Located in Hong Kong
Located Offshore

Gilbertson Davis LLP Arbitration and Mediation Services
Commercial Arbitrator
Marine Arbitrator

Other Services
Notary Public for the Province of Ontario

*David Alderson currently practices only the laws of Ontario and Canada

Areas of Concentration


“I welcome enquiries concerning large, complex litigation and arbitration, entirely within Ontario or having a cross-border dimension, and referrals from lawyers and attorneys in Ontario, other provinces, US and other foreign jurisdictions, regarding business disputes and commercial litigation, fraud litigation and recovery, real estate litigation, urgent equitable remedies, including injunctions and the enforcement of Ontario, US and other foreign judgments and arbitration awards in Ontario.”


Additional Information


McDonald’s Not Served Valid Revocation of Waiver – Commercial Leasing in the Court of Appeal
April 20, 2018

UNCITRAL International Sale of Goods Convention – New Members in 2016 and 2017
April 16, 2018

Greater Harmonization of International Commercial Arbitration Laws
April 09, 2018

Toronto Litigation Lawyers for Manufacturers and Distributors
August 10, 2017

Construction Heavy Machinery & Equipment Disputes
June 12, 2017

Family Business Dispute, Start Up Company Dispute, and Closely-Held Company Litigation
March 03, 2017

Shareholder Disputes, Oppression Remedy, and Directors and Officers Liability
March 02, 2017

Partnership Disputes & Joint Venture Litigation
March 02, 2017

Court of Appeal Emphasizes Confidence in Fact Finding on the Record for Summary Judgment
February 23, 2017

Cross-Border Ship Mortgage Enforcement
October 26, 2016

Toronto Lawyers for Victims of Investment Fraud: When Investing in a Toronto Business Goes Bad
September 22, 2016

Business Dirty Tricks: Unfair Competition: Intentional Interference, Inducing Breach of Contract, Conspiracy and Defamation
September 8, 2016

Joint Venture Disputes and International Joint Venture Arbitration
July 15, 2016

Partnership and Contractual Disputes between Professionals (Dentists, Doctors, Accountants, Lawyers, Architects, Engineers)
January 18, 2016

Enforcement of Ontario Judgment in US (U.S.A and American States)
January 15, 2016

David Alderson, Panelist on Law Society of Upper Canada Annotated Partnership Agreement 2015 CDP
September 23, 2015

Andrew Ottaway and David Alderson wrote the following article: U.S. Defendants: Sued in Ontario, Canada ? So You want Out, Eh? Challenging Jurisdiction, The Newsletter of the DRI International Committee, Volume 4 Issue 1.

London Court of International Arbitration (LCIA) – New Rules Include Expanded Provisions on Emergency Relief
August 19, 2014

Service of Foreign Process (including U.S. Proceedings) in Ontario, Canada
August 14, 2014

International Sale of Goods Convention – New Members in 2014 and 2015
August 13, 2014

Dubai’s DIFC Announces Amendment of Arbitration Law to Accord with New York Convention
April 11, 2014

Court of Appeal on Restrictive Covenant on Dissolution of Partnership
April 11, 2014

Summary Judgment in Wrongful Dismissal Action in IT Sector
April 9, 2014

Summary Judgment in the Supreme Court of Canada: Hryniak v Mauldin and Its Implications
April 9, 2014

Current Memberships

Practicing Member of Law Society of Upper Canada in good standing from 1982.

While David is currently admitted to practice in Ontario, Canada and New York State, and is on the roll of Barristers and Attorneys at Law in Bermuda, he currently practices only the laws of Ontario and Canada.

David is a member of the Toronto Commercial Arbitration Society.

David is a notary public for the Province of Ontario.

Past Memberships

From 1988 to 2004, while practicing in England, Bermuda and Dubai, David was on the roll of solicitors of England and Wales. He is a former member of the Law Society of England and Wales, Bermuda Bar Association, New York Bar Association, American Bar Association , Ontario Bar Association, Advocacy Society, Nautical Institute (UAE), Marine Club, Canadian Maritime Law Association and Association of Maritime Arbitrators of Canada.

American University in Dubai  (Dubai, UAE) – adjunct lecturer in Contemporary Business Ethics (2002-2004) and Communications (2003-2004)

University of Sharjah (Sharjah, UAE) – adjunct lecturer in Legal Environment of Business (2001-2002)