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A Practitionerís Guide to Commercial Arbitration

A Practitionerís Guide to Commercial Arbitration

Edited by Marvin J Huberman


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

1. An Introduction to Commercial Arbitration by Anthony Daimsis and Marina Pavlović
2. Drafting ADR and Arbitration Clauses for Commercial Contracts by Wendy Earle
3. Shifting the Paradigm: Moving from Litigation to Arbitration by Kenneth J Glasner, QC
4. Arbitrator Selection by Ken Mcewan
5. Arbitration Independence and Bias: Testing the Limits by Graeme Mew
6. “Evidence First” Arbitration: A Conceptual Framework for Arbitration Efficiency by William G Horton
7. Creative Arbitration Design and the First Case Conference by Stephen Richard Morrison

Part Two: The Middle

8. Advocacy Lessons from the Past by Sheila R Block
9. Advocacy in Commercial Arbitration by John AM Judge
10. Effective Commercial Arbitration: A Conversation with Robert Armstrong, Ian Binnie, and Stephen Goudge by Shantona Chaudhury
11. Court Involvement in Commercial Arbitration by J Brian Casey
12. Stepping into the Hot Tub: Concurrent Expert Evidence in Commercial Arbitration by Dominique T Hussey and Will Bortolin
13. The Use of Experts and the Assessment of Economic Damages in Commercial Arbitration by Neal Mizrahi

Part Three: The End

14. Med-Arb: Crossing the Line by Leslie Dizgun
15. Arbitral Awards: Appeals, Setting Aside, and Enforcement by Harvin Pitch and Lucas Kittmer
16. The Art of Appellate Advocacy in the Arbitral Context and Outside It by Paul J Pape
17. Commercial Arbitration without Hearings: The Court of Innovative Arbitration by Richard McLaren and 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, November 27, 2017


Published 29 September 2017
Publisher Irwin Law (Canada)
ISBN 9781552214626
Australian RRP $135.00
International Price $125.00
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Law - Commercial
Law - Canadian Law

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