Arbitration of a >$100M dispute

Nine weeks of hearings on an engineering and construction dispute are underway. Proceedings are confidential.

I am assisting the sole arbitrator.

Forcing a reluctant party to the table

I was approached by a disputant with an arbitration clause in their contract as to whether or not I would agree to be the arbitrator.

As with many disputes, the other party was aware of the dissatisfaction but saw no benefit to cooperation and would not engage. I initiated the pro forma invitation to cooperate in choosing the arbitrator.

Thereafter I filed a Notice of Application c/w Applicant’s Affidavit at Queen’s Bench requesting appointment of an arbitrator by the judge.

I received and analyzed the Motion Brief from the Respondent requesting that the court not appoint an arbitrator.

I prepared and filed the Applicant’s Motion Brief citing the Supreme Court precedent that establishes the jurisdiction of the arbitrator.

I then watched the judge reprimand the Respondent’s legal counsel, award the Applicant her court costs, and impose a deadline for the Respondent to cooperate.

A Land Lease Arbitration

I was approached by a land owner that had negotiated a three year lease agreement with a tenant. For an agreed price for each of the three years, the tenant acquired the right to harvest the hay. The agreement contained an arbitration clause.

The tenant agreed to use me as the arbitrator. The decision has been issued.

A Construction Arbitration

From first email soliciting my services to written decision was 30 days. The cost of the arbitration was $3,400 for each of the three parties.

The CCDC 40 process was adapted to permit us to move seamlessly from mediation to arbitration. The parties chose to self-represent. Their time commitment was kept to a minimum.

A version of the decision with names removed is available for viewing upon request.

An Insurance Mediation

From first email soliciting my services to passing the cheque over to the insured was 11 months. The cost of the mediation was $800 split between the parties.

A standard insurance ombudservice contract and the ADR Institute of Canada mediation procedures were used. The insured retained legal counsel but chose a voluntary agreement through Almitra over litigation in the end.

A New Home Warranty Arbitration

The dispute had been ongoing for more than four years. From the email confirming my services to written interim decision was 42 days. The cost to the parties was nil (my fee paid by a not for profit third party).

The parties chose to self-represent. Their time commitment was kept to a minimum.

A version of the decision with names removed is available for viewing upon request.

A Renovation Negotiation

From first contact to settlement was 2 months. Communications with the client and vendor highlighted that the vendor was engaged in delay tactics. I decided the best way for me to add value was to assist the client prepare a Notice of Application for appointment of an arbitrator for submission to the court of Queen’s Bench.

A draft Notice and a deadline for responding was forwarded to the vendor. Settlement occurred through direct negotiations at triple the initial offer.

Current Disputes

One mediation and three arbitrations are in progress at this time.