Canada: Canada a Major Player in 2006 for International Arbitration

Last Updated: February 15 2006
Article by Barry Leon

Canada has garnered increasing attention in recent years in the world of international arbitration. In 2006, we should see that attention expand, strengthening the platform for significant growth. Two major international conferences in mid-2006 will highlight the arbitration world’s focus on Canada: the International Council for Commercial Arbitration (ICCA) will hold its 17th Congress May 31–June 3 in Montreal, and the International Law Association’s 72nd Biennial Conference, featuring numerous international arbitration sessions, will take place June 4–8 in Toronto.

Added to this unprecedented international arbitration programming in Canada will be a London Court of International Commercial Arbitration (LCIA) Symposium on May 31 in Montreal, and an event of the Young Arbitration Practitioners (YAP), comprising young arbitration practitioners from around the world, in Montreal on June 3 following the ICCA Congress.

The ICCA Congress and ILA Conference are receiving broad support from leading Canadian and international law firms, corporations, foundations, government and arbitral institutions. Members of Canada’s international arbitration community are cooperating to host leading arbitration practitioners from around the world. In doing so, they will have the opportunity to reinforce to this important international constituency at least three features of Canada’s presence in international arbitration:

  • the impressive body of arbitrators that Canada has available for international arbitrations;
  • Canada’s talented arbitration counsel with experience and advocacy skills well suited to international arbitration; and
  • the many benefits that Canada offers as a place for international arbitration.

Importance of International Arbitration to Canadian Businesses

Canada’s economy has become more international with Canadian businesses undertaking projects and transactions around the world. These businesses have adopted international arbitration to resolve disputes, recognizing that in most international situations, arbitration is preferable to courts for both the resolution of disputes and the enforcement of decisions. This has fuelled interest in international arbitration.

Canadian businesses, and the internal and external lawyers advising them, have become conscious of the importance of resolving disputes in timely and cost-effective ways. Corporate counsel in international business are particularly aware of the benefits of utilizing the process flexibility available in arbitration.

In these ways, the growth of arbitration in Canada has been market driven. It also has been driven by those who are raising the profile of international arbitration and its advantages, and by an increasing number of Canadians available as arbitrators and counsel.

ICCA 2006 Congress

The ICCA Congress is titled "International Arbitration 2006: Back to Basics?" and will afford Canadians a special opportunity to hear global leaders in arbitration right here in Canada.

The Congress will cover the arbitration agreement, jurisdiction to determine jurisdiction, document production, fact testimony, evidentiary privileges, provisional measures, applicable law, expert evidence topics, non-signatories, treaties, oral argument, and commercial arbitration and transnational public policy.

ILA 2006 Conference

ILA 2006 will include arbitration sessions over two and a half days. The ILA Committee on International Commercial Arbitration will present its work on lis pendens and on res judicata in international commercial arbitration and submit its recommendations for approval. The session will include presentations by leading specialists on these topics.

In addition, complementary programs will consider the implications of, and responses to, the new diversity (more women, persons of colour, younger arbitrators and people from all parts of the world) in international arbitration, emerging issues in the enforcement of international arbitration awards, issues in arbitrating international intellectual property disputes, and significant developments arising from the expanding body of bilateral investment treaty jurisprudence, with a focus on jurisdictional issues.

Convergence of International Arbitration Developments in Canada

Canada’s hosting of the international arbitral community is timely. Several developments have been converging to heighten the interest in and profile of international arbitration in Canada.

Canadian Bar Association Conferences

For each of the past five years, the Canadian Bar Association has held a successful international arbitration conference. The CBA has brought leading international and Canadian speakers, both from private practice and corporations, to different major cities, in conjunction with a major international arbitration organization. The conference in June in Vancouver, in collaboration with the International Chamber of Commerce Court of Arbitration (ICC), focused on natural resources, environment and technology disputes. These conferences have contributed to the growing interest in and profile of international arbitration.

Arbitral Institutions’ Focus on Canada

Leading arbitral institutions, such as the American Arbitration Association’s International Centre for Dispute Resolution (ICDR) and the ICC, are recognizing the opportunities that Canada, its business community and its arbitration practitioners offer, and are expanding their presence here. The LCIA presented a symposium in Montreal in 2004 and will present another before the ICCA Congress.

Canada’s Providers of Arbitration Services

The ADR Institute of Canada has been expanding its activities and raising awareness of arbitration across Canada. ADR Chambers, a leading provider of arbitration services, continues to offer services with a panel of experienced retired judges and senior lawyers. And recently, several prominent lawyers have moved into their own arbitrator practices, providing more options for those appointing Canadians as arbitrators.

Young Canadian Arbitration Practitioners

An important development for the future of international arbitration in Canada was the formation of the Young Canadian Arbitration Practitioners (YCAP) in 2004. It promotes international arbitration among lawyers and other professionals aged 40 or younger, or new to international arbitration, and provides them with professional development and networking opportunities. YCAP already includes some 65 members in Canada and elsewhere (particularly New York, Geneva, Paris and London).

Arbitration Roundtable of Toronto

The Arbitration Roundtable of Toronto (of which the author is a member) was formed 2004 by commercial litigators from major Toronto law firms and academics experienced in commercial arbitration and interested in promoting the understanding and use of commercial arbitration, domestically and internationally, and our advantages as a place of arbitration, with many experienced international arbitrators and counsel.

The year 2006 will truly be Canada’s year on the world stage in international arbitration.

Barry Leon practises business litigation and dispute resolution, including international and domestic arbitration, in the Toronto office of Torys LLP.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions