Strategic Advocacy for Cross Border Claims – Toronto Cross Border Litigation and International Arbitration Lawyers

Toronto Ontario Commercial Arbitration Lawyers
International Commercial Arbitration Lawyers

International Commercial Arbitration Lawyers in Ontario Canada
Appeal of Arbitration Awards

The lawyers at Gilbertson Davis LLP can provide advice and representation from the arbitration agreement to the enforcement of Arbitration Award. Arbitration can be a preferable alternative to the Courts to settle a dispute. Advantages of commercial arbitration may include:

  • Control over the forum where the dispute will be settled
  • Limited rights of appeal
  • The ability to enforce arbitral awards in various countries
  • The option to keep disputes confidential
  • The ability to select arbitrators with experience in a particular industry
  • The ability to craft a less expensive, expeditious process

Deciding whether to Arbitrate

Individuals or companies involved in a dispute may agree to refer their dispute to arbitration. Or the parties may have a pre-existing agreement which specifies that their dispute must be arbitrated. Other cases are not so clear, where some disputes fall within an arbitration clause while others do not.

Before commencing or participating in an arbitration, it is important to determine whether the dispute should be arbitrated, or is subject to arbitration. Sometimes it is preferable and more appropriate to commence court proceedings.

The lawyers at Gilbertson Davis LLP can advise you on the advantages and disadvantages of arbitration. We can also advise you whether a dispute is within the scope of an arbitration agreement and/or whether an arbitrator has jurisdiction over a dispute.

Institutional Arbitration

The lawyers at Gilbertson Davis LLP have experience assisting individuals and companies with institutional arbitrations. An institutional arbitration is one in which a specialized institution administers the arbitration process with its own set of rules. Our lawyers can assist in selecting an appropriate arbitration institution. If the institution is already determined by agreement; we can assist in navigating institutional rules and procedures.

Some common international arbitration institutions are:

  • American Arbitration Association (AAA)
  • The International Centre for Dispute Resolution (ICDR)
  • London Court of International Arbitration (LCIA)
  • International Chamber of Commerce (ICC)
  • Dubai International Arbitration Centre (DIAC)

Ad Hoc Arbitrations

If the parties have not selected institutional procedural rules, the applicable domestic or international laws will apply. In Ontario, an arbitration may be governed by either the Arbitration Act, 1991, or the International Commercial Arbitration Act. The lawyers at Gilbertson Davis LLP have experience working with the Arbitration Act, 1991, or the International Commercial Arbitration Act.

Commencing Arbitration

There are varying ways to commence an arbitration, depending on whether an arbitration is governed by institutional rules or by domestic or international laws. Our lawyers can assist you or your company in commencing arbitration, or responding to an arbitral proceeding. Proper commencement of an arbitration is important where claims and/ or remdies may otherwise be barred by a limitation period or contractual time limit.

Selecting an Arbitrator / Tribunal

The success of an arbitral proceeding can hinge on the choice of arbitrator. Some important characteristics of an arbitrator include:

  • Experience with the applicable arbitral rules
  • An understanding of the commercial. legal and business issues involved
  • The ability to deal with procedural issues
  • The ability to make the necessary findings and awards

The lawyers at Gilbertson Davis LLP have experience assiting with locating, considering qualifications and suitability and appointing qualified arbitrators.

Sometimes an emergency arises after an arbitration is commenced but before the arbitrator or tribunal is appointed. In that event, it may be necessary for a party seek urgent assistance from an arbitrator. A number of arbitral institutions now provide emergency arbitration procedures, including the American Arbitration Association (AAA), the International Chamber of Commerce (ICC), the Singapore International Arbitration Centre (SIAC), and others. The lawyers at Gilbertson Davis LLP can assist parties in seeking relief in urgent situations.
The arbitral hearing is the opportunity to present its case to the arbitrator or tribunal. It is important for a party to an arbitration to gather the necessary evidence and present its case effectively. Gilbertson Davis LLP lawyers have experience conducting arbitration hearings in both institutional and ad hoc arbitrations.
Typically, though not always, the dispute resolution in an international joint venture is agreed to be by international arbitration.  This has the advantage of enforcement proceedings likely being simplified in jurisdictions which are party to or have enacted the New York Convention. Parties to an international joint venture agreement often expressly agree on the choice of law to govern the joint venture relationship and disputes.

We have strength and experience in advising local and foreign clients involved international arbitration.    Internationally, we have also been involved in litigation or arbitration with clients (or matters) located in the US, Netherlands, Norway, Sweden, England, Denmark, Italy, Switzerland, Germany, Greece, Cyprus, Malta, Monaco, Guyana, Liberia, South Africa, Angola, The Bahamas, Bermuda, British Virgin Islands, Dominican Republic, Dubai, United Arab Emirates, Iran, Kuwait, India, Bangladesh, South Korea, Hong Kong, PRC and Australia.

Some of our lawyers have been admitted and practised law in foreign jurisdictions (including England, Bermuda and New York), have both foreign and local legal education, including in the U.S. and U.K.

Before an arbitral award may be enforced in a jurisdiction, it must first be recognized by that jurisdiction as legally binding. Certain jurisdictions have laws which require Courts to recognize arbitral awards, subject to limited exceptions. The commercial arbitration lawyers at Gilbertson Davis can assist parties in determining the steps needed to have an arbitral award recognized in Ontario.

Enforcement of an award is the last and, arguably, the most important step in arbitration. Enforcement steps will depend on whether the arbitration award was made domestically or internationally.

Certain provinces of Canada have adopted the New York Convention, which states the participating provinces to enforce arbitration awards, and that enforcement may only be refused on limited grounds. Other Canadian provinces have adopted the Model Law on International Commercial Arbitration. The lawyers at Gilbertson Davis LLP can assist individuals or companies with the enforcement, or resisting enforcement, of both domestic arbitration awards and international arbitration awards.

We can advise and represent those seeking to appeal an unfavourable arbitration award, or those responding to such an appeal.

Please contact Gilbertson Davis LLP to arrange an initial consultation.

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    Thank you for your interest in Gilbertson Davis LLP. Please note that we do not offer contingency retainers. In addition, we do not offer retainers in any cases where the amount in dispute is less than $50,000.

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    John L. Davis

    Managing Partner
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    Sabrina Saltmarsh

    Litigation Associate
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    David Alderson

    Senior Counsel –
    Commercial Litigation
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    Tyler O’Henly

    Litigation Associate
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