Sole Arbitrator – $450.00 per hour, plus HST
David Alderson is an independent, experienced and Qualified Arbitrator whose domestic and international practice in sale of goods and services, infrastructure, construction, projects, project finance and joint ventures make him an ideal choice as sole or panel arbitrator for procurement disputes involving any level of Government.
The administration of arbitral services is provided by Gilbertson Davis LLP Arbitration Chambers, an established arbitration chambers serving Ontario and elsewhere, from its office in the Toronto Financial District.
David Alderson has been appointed by the Ontario Superior Court of Justice in commercial arbitration disputes.
David can arbitrate disputes arising from contracts for goods or services involving any level of government in Canada, provinces or municipalities, multi-level joint venture, involving domestic or foreign contracts. He offers expedited arbitration procedures and early hearing dates.
Examples of Procurement Dispute Arbitration
He can be appointed in disputes concerning:
- Procurement and Bidding Process
- Request for Proposals (RFP)
- Request for Quotes (RFQ)
- Tender and Bidding
- Qualification to Bid
- Tender Evaluation
- Disclosure of Evaluation Criteria
- Non-complaint Bids
- Disclosure of Material Information
- Conflict of Interest in Bid Process
- Fair and Equal Treatment of Bidder
- Transparency in Ranking Bids
- Representations in Bids
- Vendor of Record and New Suppliers
- Public Policy Considerations
- Contract A / Contract B
- Implied Duties in Contract A
- Irregularities in Tender Process
- Challenging Award
- Review of Procurement Decisions
- Duty to Conduct Fair Competition
- Claims to Re-Issue Open Tender
- Bidder Expectations
- Sale of Goods
- Supply of Services
- Private Projects
- Public Projects
- Public Contracts
- Public Procurement
- Public Agencies
- Public Bodies
- Government Contracts
- Government Procurement Rules
- Production Sharing Contracts
- P3 (public and private projects)
- Joint Venture Contracts
- Joint Venture Partnership
- Infrastructure Projects
- Technology Services
- IT Sales and Services
- Internet and Online Services
- Telecommunications
- Schools, Hospitals, Public Buildings and Venues
- Sports Venues
- Healthcare and Pandemic
- BioTech Industries
- COVID-19 and PPE Supply
- Supplies and Services, Re: Covid-19
- Essential Goods and Services
- Military Procurement
- Airports, Aircraft and Aviation
- Marine Industries
- Docks, Piers and Wharves
- Terminals and Ports
- Shipbuilding and Ship Repair
- Naval Engineering
- Utilities, Supply of Electricity and Water
- Sewage Treatment
- Energy, Mining and Natural Resources
- Windfarm and Solar Energy
- Solar Power Plants
- Transportation and Transit
- Highways, Bridges and Tunnels
- Construction and Maintenance
- Management Contracts
- Warranty and Guarantee
- Supply from or Purchase to Foreign States
- Cross-border Joint Ventures
- Public-Public Joint Ventures
- Public-Private Joint Ventures
- Multi-governmental Joint Ventures
- Buying Groups
David can arbitrate procurement claims, including:
- Delay Claims
- Quality and Quantity
- Defective Projects
- Defects in Quality of Goods and Services
- Variation and Extras
- Allocation of Costs
- Negligence – Breach of Duty of Care and Standard of Care
- Breach of Contract
- Breach of Fiduciary Duties
- Conflict of Interest Disputes
- Good Faith and Fair Dealing in Contracts
- Good Faith Performance
Experienced – Domestic and International
David has practiced law in Ontario, Canada and with international law firms in England and Wales, Bermuda and Dubai, United Arab Emirates. He is also admitted in New York state.
He has a wide and diverse in-depth understanding of the components of complex and cross-border disputes. He has authored (and co-authored) chapters of leading textbooks on the laws of Ontario, Canada , Bermuda and the UAE, including on subjects as wide ranging as attachment of assets, summary judgment and enforcement of foreign money judgments.
Arbitration Expertise
David has arbitrated disputes on a wide variety of matters, and has been appointed by the Ontario Superior Court of Justice as sole arbitrator in commercial arbitration matters.
David is an arbitrator member of the Toronto Commercial Arbitration Society, has completed the Gold Standard Course in Commercial Arbitration, and is on their Arbitrator Member Roster. David has a Certificate of Completion of the Ontario Bar Association’s Foundations in Judicial Competencies Series.
David is a full member of the ADR Institute of Ontario and appears in its Directory of Ontario Dispute Resolution Professionals. He is a Qualified Arbitrator (Q.Arb) having received that accreditation from the ADR Institute of Canada. David is on the newly formed Member’s Roster for Remote Arbitration and Mediation Services, for the provision of remote Arbitration in a number of areas of dispute, including business disputes, real estate, condo and commercial leasing disputes, sale of goods, distribution and franchise disputes, management and agency disputes, contract disputes, transportation and logistics disputes, international and domestic commercial disputes and reinsurance disputes.
David has spoken to lawyers at Continuing Legal Education events, and given interviews to legal publications on matters concerning arbitration, including:
- 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 jurisdictions (August 2011)
Curriculum Vitae
David online Bio pages are here: Arbitrator and Lawyer.
Terms of Appointment available on request from the Intake Coordinator.
A sample Terms of Appointment can be downloaded here. The Password is available from the Intake Coordinator.
Appointment and Availability Enquiries
To make appointment and availability enquiries about procurement dispute arbitrators, please contact the Gilbertson Davis LLP Arbitration Chambers Intake Coordinator at (416) 979 2020, ext. 223, by using the online Contact / Arbitrator’s Availability Form or email at info@gilbertsondavis.com
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