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Arbitration

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  • Key Contacts
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Download PDF
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events

Arbitration is often selected as an alternative to court to achieve important objectives: to promptly resolve a commercial dispute, in a confidential setting, using a tribunal that controls its own procedures and that may have industry expertise relevant to the disputed issues. In cross-border matters, arbitration has distinct advantages over traditional courts – including an award enforceable in over 140 countries under the New York Convention.

As experienced advocates and advisors who know both the arbitration and litigation processes, we work with our clients to understand their business objectives and to develop an effective strategic plan to achieve the desired results. We have particular expertise in arbitrations in the following industries:

  • Energy – oil, natural gas, electricity and petrochemicals
  • International Trade and Investment – including investor-state disputes, private disputes between trading companies, and international sale of goods and services
  • Construction– from tendering to design and construction of major industrial facilities and plants
  • Natural Resources – mining and development projects, forestry, pulp and paper, mineral processing facilities, mineral royalties and major capital equipment
  • Transactions – arising from asset purchase agreements or the sale of shares
  • Joint Venture and Corporate Disputes – partnerships, shareholder and investor disputes

What Clients Say

"I have worked with many international firms and I would have to say that my impression is that it is a first rate firm."

Our extensive experience includes the full range of services related to commercial arbitration, including:

  • Enforcing agreements to arbitrate in court;
  • Obtaining injunctions and other preliminary remedies in court and from tribunals;
  • Advocacy throughout an arbitration;
  • Enforcing arbitral awards or other ancillary relief;
  • Negotiating and drafting arbitration agreements;
  • Advice concerning rights and obligations under investment treaties, arbitration conventions and rules; and
  • Acting as arbitrators in both institutional and ad hoc arbitrations.

Bennett Jones lawyers have both Canadian and international experience in providing strategic advice and handling complex disputes under all major ad hoc and institutional arbitral regimes, including Canadian federal and provincial legislation and institutional rules, the International Chamber of Commerce (ICC), American Arbitration Association (AAA), International Centre for the Settlement of Investment Disputes (ICSID) Rules, and bilateral investment treaties.

Our roster includes lawyers who are trained in both the common law and civil law traditions; have authored textbooks on arbitration; advised Parliamentary Committees, WTO and NAFTA working groups and CD committees on international trade and investment law; and speak many languages including French, Mandarin, Arabic, Spanish, German, Greek and Korean.

Our multi-disciplinary practice is bolstered by senior legal practitioners from all offices of our firm, including the Honourable John C. (Jack) Major, Q.C., who rejoined the firm in 2006 after 14 years as a Justice of the Supreme Court of Canada.

What Clients Say

"I would say they exceed their peers in most ways not only in knowledge but also client care."

Key Contacts

  • John N. Craig Q.C. John N. Craig Q.C., Partner
  • Vasilis F. L. Pappas, FCIArb Vasilis F. L. Pappas, FCIArb, Partner
  • Related Lawyers

Recent Experience

A leading cement manufacturer, in arbitrations to enforce long-term contractual rights of raw material supply, territorial exclusivity, and royalty entitlement.
The owner of a major industrial plant, concerning damages and business interruption claims arising from a power interruption.
Arbitrations involving the manufacture of turbines for electricity plants in Chile and Hawaii.
Representing several investors, in claims under the North American Free Trade Agreement (NAFTA) and bilateral investment treaties (including Canada's Foreign Investment Protection and Promotion Agreements) involving expropriations and discriminatory measures by national, state or provincial governments, which have been resolved favourably following negotiations.
Arbitrations involving the international sale of goods and services, including under the Convention on Contracts for the International Sale of Goods (CISG).
Arbitrations under a Canadian federal regime in the telecommunications industry.
Representing investors, owners and natural gas suppliers, in several different arbitrations concerning natural gas cogeneration plants supplying electricity and steam to manufacturing facilities, such as pulp and paper plants.
Representing generic pesticide manufacturers, with arbitrations under Canadian federal rules relating to the new data compensation scheme under the Pest Control Products Act.
An arbitration between a U.S. hedge fund and a Canadian property manager, relating to the interpretation of an acquisition agreement.
Major lease renewals, ground lease disputes and rent re-setting arbitrations for significant Canadian real estate properties.
Numerous shareholder disputes resolved by arbitration.
Arbitrations involving natural gas, coal, CBM (coalbed methane) and other natural resources, including price, royalties, technology and licensing issues.
An arbitration involving an estate and the interpretation of a settlement agreement.
Providing expert advice and testimony for national and provincial governments, in NAFTA chapter 11 claims and WTO disputes governments.

Recent Recognition

Chambers Canada
Ranked, Band 1, Dispute Resolution: Alberta
Ranked, Dispute Resolution: Canada
Ranked, Dispute Resolution: Ontario
Chambers Global The Worlds Leading Lawyers for Business
Ranked, Dispute Resolution
The Legal 500: Canada
Tier 1, Dispute Resolution: Alberta
Recommended, Dispute Resolution: Ontario

Insights, News & Events

Announcements

Bennett Jones in Chambers Global 2021

February 22, 2021
       

Articles

Vasilis Pappas, Romeo Rojas and Gita Keshava Contribute in The Guide to Energy Arbitrations

December 10, 2020
       

Blog

Updates to ICC Arbitration Rules Aim for More Efficient, Flexible and Accountable Arbitrations

October 26, 2020
       

Speaking Engagements

Jeffrey Leon on the Future of Commercial Dispute Resolution

September 22, 2020
       

In the News

Daniel Ratushny Serves on World Athletic Disciplinary Tribunal Panel

September 17, 2020
       

Articles

Jeff Leon on Court vs. Commercial Arbitration After COVID-19: Part Two

September 14, 2020
       

Articles

Jeff Leon on Court vs. Commercial Arbitration After COVID-19: Part One

September 04, 2020
       

Articles

SCC’s Decision in the Uber Class Action Protects Access to Recourse in Standard-Form Arbitration Agreements

September 02, 2020
       

Blog

Long-Awaited Amendments to LCIA Arbitration Rules to Result in Streamlined, Tech-Friendly Arbitrations

August 27, 2020
       

In the News

Daniel Ratushny Serves as Court of Arbitration for Sport Panel President

July 28, 2020
       

In the News

Jeffrey Leon Joins Arbitration Place

July 20, 2020
       

Speaking Engagements

Ranjan Agarwal on Class Actions and Alternative Dispute Resolution

June 04, 2020
       

In the News

Global Arbitration Review: Latest in the Luxtona Proceedings

January 31, 2020
       

Blog

Five Cases to Watch at the Supreme Court of Canada this Winter

January 21, 2020
       

Blog

Supreme Court of Canada to Revisit Bhasin and Contractual Parties' Duty of Good Faith

August 12, 2019
       

In the News

Global Arbitration Review on Luxtona Proceedings

August 05, 2019
       

Blog

Confidential Arbitrations Are Not Always Confidential

June 26, 2019
       

Blog

Incorporation of Arbitration Clauses by Reference: A Cautionary Tale

June 04, 2019
       

Articles

Multiple Tiers, Multiple Risks – Multi-Tier Dispute Resolution Clauses

May 2018
       

Announcements

Litigation Partner David Gruber Joins Bennett Jones in Vancouver

April 25, 2018
       

Articles

Canadian Judge Will Hear Reports In Yukos Arbitration Row

April 17, 2018
       

Speaking Engagements

2018 Annual Conference of the Section of International Law

April 17-21, 2018
       

Speaking Engagements

George Vlavianos at International Arbitration Conference in Qatar

March 21, 2018
       

In the News

George Vlavianos and Vasilis Pappas in Canadian Mining Journal

March 03, 2018
       

Blog

The Gulf Crisis—Could it Bring "State-to-State Arbitration" to the Region?

February 06, 2018
       

Articles

The Gulf Crisis - Could it Bring "State-to-State Arbitration" to the Region?

February 06, 2018
       

Announcements

Bennett Jones Litigation Lawyers—Lexpert’s Canadian Leaders

November 24, 2017
       

Announcements

Bennett Jones US/Canada Cross-Border Litigation Lawyers—Canadian Leaders

November 24, 2017
       

Articles

A Practitioner's Guide to Commercial Arbitration 2017

2017
       

Blog

The Appeal in Teal: SCC Majority Restores Commercial Arbitrator's Award

June 28, 2017
       

In the News

Vasilis Pappas in Lexpert on International Arbitration

June 20, 2017
       

Articles

The Guide to Energy Arbitrations

June 2017
       

Blog

The Appeal in Teal: Challenging Commercial Arbitration Awards in Canada

February 13, 2017
       

Articles

Canada: Arbitration

December 09, 2016
       

Speaking Engagements

Canadian Bar Association's Environmental Law Section

December 05, 2016
       

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