Gilbertson Davis LLP
Arbitration and Mediation Services
Toronto Franchise Arbitrator
Toronto Distribution Arbitrator and Licensing Arbitrator
David Alderson, LL.B, LL.M, Q.Arb
David is a Qualified Arbitrator (Q.Arb) who has been appointed arbitrator in commercial disputes by the Ontario Superior Court of Justice. He is a full member of the ADR Institute of Ontario and the Toronto Commercial Arbitration Society and appears on each of their rosters of arbitrators.
David accepts appointment as sole or panel arbitrator in Franchise, Distribution, and Licencing disputes, whether domestic or international international. He has practiced law in Ontario, Canada, England & Wales, Bermuda and Dubai. David is also admitted to practice law, though does not currently practice law, in New York State.
As legal counsel, David has extensive experience in Ontario, England and Dubai in Distribution disputes. David also have practiced Franchise law in Ontario, in connection with Franchisors located in Ontario and the U.S. His experience in franchise law includes advice and representation in proceedings (and potential proceedings) concerning rescission and damages claims and counterclaims of franchisors, termination, opinions on whether a business is operating a franchise or distribution network, as well as considerable litigation in relation to actual and alleged distribution agreement. David’s experience in licensing disputes covers a wide variety of industries and subject matters.
David has actively supported and engaged in domestic and international arbitration. He actively supports arbitration as less expensive, and more efficient form of dispute resolution, offering appointment at a reasonable hourly fee rate (from $350.00 per hour, plus facilities and applicable taxes) and with good availability.
David holds a LL.B from Osgoode Hall Law School, an LL.M (Lond.) UCL, in Commercial and Corporate Law, and a Q.Arb granted by the ADR Institute of Canada. He has appeared as a barrister in the Ontario Superior Court of Justice (including the Commercial List), the Divisional Court, the Ontario Court of Appeal, the Federal Court (Canada), Federal Court of Appeal (Canada) and as co-counsel in the Supreme Court of Canada. He has legal experience in arbitration in under different institutional and ad hoc rules, in a wide variety of matters.
David regularly speaks on, and provides interviews, to the legal press on matters of interest to those practicing in the area of arbitration, including these:
- June 4, 2020 (to be held) David will provide 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”.
- 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)
- 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 (August 2011)
Curriculum Vitae and Terms of Appointment available on request.
Hourly Rates: Fee rate on application: from $350.00 per hour, plus facilities and applicable taxes.