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Effective Advocacy in Commercial Arbitration

This is an article and PowerPoint slides of a presentation on the differences bettween advocacy in litigation and arbitration, The author is Igor Ellyn, QC, CS, FCIArb., Senior Partner of Ellyn Law LLP, Toronto. This presentation is not legal advice but posted here for information only. Please see www.ellynlaw.com for further information about the author.

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Igor Ellyn
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96 views18 pages

Effective Advocacy in Commercial Arbitration

This is an article and PowerPoint slides of a presentation on the differences bettween advocacy in litigation and arbitration, The author is Igor Ellyn, QC, CS, FCIArb., Senior Partner of Ellyn Law LLP, Toronto. This presentation is not legal advice but posted here for information only. Please see www.ellynlaw.com for further information about the author.

Uploaded by

Igor Ellyn
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Effective Advocacy in Commercial Arbitration

Igor Ellyn, QC, CS, FCIArb. Ellyn Law LLP Business Litigation & Arbitration Lawyers www.ellynlaw.com Commercial arbitration has changed the approach of lawyers and business people to the resolution of commercial disputes. Business people around the globe recognize that differing business interests, local court procedures, differences in language and culture and problems in the performance of agreements often lead to disputes, many of these involving very significant sums of money. In anticipation of the possibility (or even the likelihood) of a dispute, most business agreements, especially where the parties are in different countries, continue clauses setting a method for dispute resolution by arbitration, litigation or a combination of these, the seat of the arbitration, the identity of the court having jurisdiction and the governing law of the contract. The information in these slides explain in considerable detail the process of commercial arbitration in Canada, with an emphasis on arbitrations in Toronto, Ontario where the author practices as a Chartered Arbitrator, Mediator and Legal Counsel. Toronto is an important international destination for international commercial arbitration. The benefits of arbitrating in Toronto are promoted by the Toronto Commercial Arbitration Society, of which the author is an active member. These benefits include a selection of knowledgeable and experienced arbitrators, a receptive and deferential judiciary, an understanding of cultural differences and world-class facilities and support systems. There are significant between litigation and arbitration. It is also worth noting that arbitration may not just be an alternative to litigation but rather, an alternative to negotiations or mediation between the parties to resolve their dispute. If settlement negotiations are unsuccessful, the parties can agree to a dispute resolution method in which they have input from designing every aspect of the process to selecting the most suitable arbitrator or arbitral panel to determining scope appellate rights. Selecting the arbitrator and the rules applicable to the arbitration involves numerous choices and nuances highlighted here. We cover the following headings: Is arbitration the same as litigation? Why arbitrate rather than litigate? Arbitration is a consensual process Similarities can be deceptive Arbitration binds only parties to the agreement Designing the arbitral process
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Selecting the arbitrator or arbitral panel Rules affecting the arbitration Motions in the arbitration Written advocacy and pleadings Taking evidence in the arbitration Documentary evidence Witnesses in the arbitration Expert Witness in arbitrations Conducting the hearing Interpreting and correcting the award Remedies from arbitral awards The applicability of anti-suit and anti-arbitration injunctions

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Toronto, October 2012. Igor Ellyn

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