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 – Cancellation and Force Majeure Clause 

One of the most common disputes or differences arbitrated concerns the interpretation of the contract in determining the right and obligation of performance or relief from performance, including termination, cancellation, or suspension from performance due to the occurrence of a force majeure contract clause event.

Other issues commonly arising concerning a contract are disputes about whether there has been a breach of contract and what damages flow from the breach. On other occasions, the dispute may relate to alleged rights to cancel or terminate the contract , or suspend its operation.  Arbitrators may even to be asked to decide whether the agreement from which they derive jurisdiction is valid or void, or if it should be “re-written” through the remedy of rectification so that it accords with an actual agreement.

Gilbertson Davis LLP Arbitration and Mediation Chambers 

The arbitrators and mediators at Gilbertson Davis LLP Arbitration and Mediation Chambers accept appointments for alternative dispute resolution in local and international commercial, business, shareholder, partnership, joint venture, contract, property, real estate, condominium, commercial leasing, sale of goods, insurance, reinsurance, and marine disputes, at reasonable hourly rates, plus facilities and applicable taxes), and with good availability.

Type of Contracts Where Arbitration is Used to Resolve Disputes 

As mentioned, some statutes require that defined disputes be resolved by arbitration. In other cases, the members of the industry commonly use arbitration to resolve disputes, because of its private process and because they can contractually decide the arbitration procedures and the law that will govern the dispute referred to arbitration. It is therefore not surprising that many standard form contracts include an arbitration clause.

Arbitration clauses may be found in most types of contracts and industries. These may include contracts of the following type and used ion the following industries.

Contact Gilbertson Davis LLP Arbitration and Mediation Chambers

Please contact Gilbertson Davis LLP Arbitration and Mediation Chambers if you are considering the appointment of an arbitrator for a Contract Dispute or wish to determine the availability of an arbitrator.

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About the Author

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and Mediator

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and Mediator, has practiced over 40 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. David is also admitted in New York. He is a qualified, experienced and independent arbitrator. The ADR Institute of Canada has accredited David as a Qualified Arbitrator. He accepts appointment as a sole arbitrator and as a panel member in a panel arbitration concerning business, commercial, commercial leasing, commercial rent renewal disputes, condo, contract, construction, distribution, employment, events cancellation, franchise, joint venture, marine, oppression remedy, partnership, procurement, real estate, reinsurance, sale of good, sale of business, technology and transportation disputes. David also offers practice management arbitration of procedural disputes in the courts. He is an experienced commercial mediator. Bio | Lawyer | Arbitrator | Mediator | Contact

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