Arbitration
Lerners lawyers have a reputation as experienced, knowledgeable, skilled, and tenacious advocates for our clients, both in courtroom litigation and private commercial arbitration. With an approach rooted in creative strategy and pragmatism, getting a satisfactory resolution for our clients, in whatever form that takes, is our priority.
Arbitration is an appropriate and effective alternative to courtroom litigation in cases in which the parties want: a private proceeding for reputational or business confidentiality reasons; a flexible process tailored to the dispute at issue; speed; and finality in circumstances in which no appeal is permitted. Parties can choose arbitration after a dispute has arisen, even if they have no arbitration clause in their contract.
Experience From All Sides…
Several of our lawyers who do arbitrations are also qualified as arbitrators, giving us the knowledge to adopt the most effective strategies to help our clients achieve the best outcomes to their business disputes. And we know the arbitrators.
And In a Wide range of Areas and Subject Matters
Our team has expertise in the following areas of arbitration:
Domestic arbitrations under Ontario’s Arbitration Act, 1991;
International arbitrations under the Ontario International Commercial Arbitration Act, 2017, and the United Nations Commission on International Trade Law (UNCITRAL) Model Law;
Ad hoc arbitrations and arbitrations under various arbitral institutions such as the ADR Institute of Canada (ADRIC), London Court of International Arbitration (LCIA), American Arbitration Association (AAA), International Chamber of Commerce (ICC), among others;
Advice on arbitration clauses in contracts;
Court proceedings involving arbitration issues, including:
Motions to appoint an arbitral tribunal
Determination of arbitral jurisdictional issues
Motions for stay of court proceedings in favour of arbitration
Appeals and motions to set aside arbitral awards
Enforcement of arbitral awards.
In particular, we have acted in confidential arbitrations involving the following subject matters:
Determination of rent in commercial land leases
Shareholder disputes
Oppression
Insurance coverage issues
Family law disputes
Generational wealth disputes
Contract disputes
Our arbitration experience spans a wide range of industries, including:
Professional services
Real property
Pharmaceuticals
Retail
Telecommunications
Transportation
Minerals & Mining
Oil & Gas
Insurance
Manufacturing
Learn more about our arbitration lawyers.