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.
Preface
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
Contributors
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
