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

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

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 at Gilbertson Davis LLP Arbitration and Mediation Chambers accept appointment to arbitrate disputes in a wide variety of matters.

What can be Agreed to be Referred to Arbitration 

Moving court-based litigation or contemplated litigation to arbitration can include the entire contemplated proceedings; only the remaining proceeding if court-based litigation has been commenced; for part of the proceedings, such as central procedural or core substantive issues only; for limited procedures, such as motions, references, assessments, appeals; or proceeding only until the court resumes hearings at a pre-COVID-19 state.

These are a matter of party autonomy expressed through agreement.

Arbitration at the Pace Parties Require 

Through effective Case Management and Procedural Orders, the parties will find that arbitration proceeds at the speed the parties require, while maintaining statutorily ensured fair and equal treatment of all parties.

Remedies in Arbitration 

The Arbitration Act provides arbitrators with jurisdiction to award damages, specific performance, injunctions (that do not affect non-parties to the arbitration) and other equitable remedies. Enforcement of Arbitration Awards is dealt with by the courts.

Good Availability and Reasonable Fee Rates 

The arbitrators at Gilbertson Davis Arbitration and Mediation Chambers have good availability at reasonable fee rates.

To inquire about arbitrator availability and fee rates, or to request a resume or draft Terms of Appointment, please contact Gilbertson Davis LLP Arbitration and Mediation Chambers through the Intake Coordinator, at 416 979 2020, ext 223, by info@gilbertsondavis.com or by using the Arbitrator Availability Inquiry Box located on this webpage, and here.


Brief informational summaries about insurance litigation, commercial litigation and family law litigation matters in the courts of Ontario and Canada are periodically published on our website. Please note that our website content is for informational purposes only, and should not be construed or relied upon to provide legal advice. If you require legal advice, please request an initial consultation with Gilbertson Davis LLP using the Request Consultation Form on this webpage or by contacting our Intake Coordinator on (416) 979-2020, ext. 223 (both subject to the Terms of Use described on our Contact page).

About the Author
David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and Arbitrator

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and Arbitrator

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and Arbitrator David has practiced over 35 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. Also admitted in New York. The ADR Institute of Canada has accredited David as a Qualified Arbitrator (Q.Arb). He accepts appointment as a commercial, business, condo and marine arbitrator. Bio | Lawyer | Arbitrator | Contact

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