Arbitration

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

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.