• Publication Date: September 5, 2017
  • ISBN: Print (Paperback): 9781552214626
  • ISBN: Digital (PDF): 9781552214633
  • 520 pages; 6" x 9"

A Practitioner’s Guide to Commercial Arbitration


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Product Description

Arbitration can be a highly effective alternative commercial dispute resolution process outside of court. Indeed, arbitration is and has historically been a widely used method for resolving commercial conflicts arising out of domestic and international corporate and commercial transactions. It has tremendous potential to resolve disputes with confidentiality, economy, efficiency, finality, durability, neutral expertise, impartiality, fairness, and more party-sensitive and satisfactory outcomes than traditional litigation.

This book is a timely contribution to the works and world of commercial arbitration: provincially, nationally, and internationally. Written by leading practitioners from different perspectives, it is intended to be a practical, handy, and valuable guide for commercial arbitration practitioners. The book will be particularly valuable for new and experienced practitioners of commercial arbitration, corporate counsel, judges, government and industry professionals, educators, students, and members of the public.

This book is dedicated to The Honourable Coulter A Osborne, QC, a renowned Canadian arbitrator and former Associate Chief Justice of Ontario, in whom wisdom and prudential judgment, learning and competence, sophistication and high ethical standards are combined.


Part One: The Beginning

Chapter 1: An Introduction to Commercial Arbitration by Anthony Daimsis & Marina Pavlović

Chapter 2: Drafting ADR and Arbitration Clauses for Commercial Contracts by Wendy Earle

Chapter 3: Shifting the Paradigm: Moving from Litigation to Arbitration by Kenneth J Glasner, QC

Chapter 4: Arbitrator Selection by Ken Mcewan

Chapter 5: Arbitration Independence and Bias: Testing the Limits by Graeme Mew

Chapter 6: “Evidence First” Arbitration: A Conceptual Framework for Arbitration Efficiency by William G Horton

Chapter 7: Creative Arbitration Design and the First Case Conference by Stephen Richard Morrison

Part Two: The Middle

Chapter 8: Advocacy Lessons from the Past by Sheila R Block

Chapter 9: Advocacy in Commercial Arbitration by John AM Judge

Chapter 10: Effective Commercial Arbitration: A Conversation with Robert Armstrong, Ian Binnie, and Stephen Goudge by Shantona Chaudhury

Chapter 11: Court Involvement in Commercial Arbitration by J Brian Casey

Chapter 12: Stepping into the Hot Tub: Concurrent Expert Evidence in Commercial Arbitration by Dominique T Hussey & Will Bortolin

Chapter 13: The Use of Experts and the Assessment of Economic Damages in Commercial Arbitration by Neal Mizrahi

Part Three: The End

Chapter 14: Med-Arb: Crossing the Line by Leslie Dizgun

Chapter 15: Arbitral Awards: Appeals, Setting Aside, and Enforcement by Harvin Pitch & Lucas Kittmer

Chapter 16: The Art of Appellate Advocacy in the Arbitral Context and Outside It by Paul J Pape

Chapter 17: Commercial Arbitration without Hearings: The Court of Innovative Arbitration by Richard McLaren & Kaleigh Hawkins-Schulz

Arbitration Resources


Table of Cases

“Marvin Huberman and his all-star “team Canada” contributors to A Practitioner’s Guide to Commercial Arbitration – among the most knowledgeable and experienced arbitration practitioners in Canada – have produced a book that should enable parties, counsel and arbitrators to obtain the promised benefits of arbitration. That is, if they understand, take to heart, and apply the knowledge and wisdom set out in this book’s almost 500 pages. … All those involved in the arbitral process, and in dispute resolution more broadly, would be well advised to take on board the teachings of these Canadian thought leaders in arbitration.”
Barry Leon, “Fulfilling the promise of commercial arbitration”, National
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