Find Lawyers in British Columbia, Canada for International Arbitration
Practice Area Overview
When an international commercial dispute arises, many lawyers’ immediate reflex is to institute proceedings in court; however, there is a more effective dispute resolution mechanism - arbitration. International commercial arbitration (ICA) is recognized the world over as a leading method of private dispute resolution.
Some of the benefits may be summarized:
• ICA allows parties to select as adjudicators individuals who are highly specialized and experienced in the subject-matter of the dispute. Since the only requirement to be named as an arbitrator is that the individual be an adult with capacity, parties are free to select jurists and non-jurists alike. An expert tribunal can cut down on much of the preliminary work of explaining the contours of a specific and often complex area requiring technical expertise. The tribunal’s specialized knowledge also increases the likelihood of a correct decision within the given context;
• ICA allows parties to take the dispute resolution outside of the sphere of national courts that may not be well suited to deal with dispute of the parties in question;
• In contrast with court proceedings which are often governed by rigid and detailed rules of procedure, parties to an ICA are free to determine the law and rules governing both the substance of their dispute and the arbitration process itself allowing for maximum flexibility;
• ICA may be carried out ad hoc or under the auspices of arbitral institutions such as the International Chamber of Commerce (ICC) or the London Court of International Arbitration (LCIA);
• While confidentiality is the exception in most national courts, it is the rule in ICA. This is particularly appealing to clients who are particularly weary of confidential and valuable information becoming public record;
• Due to international legal instruments such as the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) and the UNCITRAL Model Law on International Commercial arbitration, an arbitral award is more powerful, from an enforcement perspective, than the decision of a national court. The New Your Convention has been ratified by 156 state parties as of May 2015. Legislation based on the UNCITRAL Model Law has been adopted in 69 states (totaling 99 jurisdictions).
Tracey Cohen, KC is a leading commercial litigation and dispute resolution Partner in the Vancouver office. Tracey has been recognized for expertise in Corporate and Commercial Litigation, Securities Litigation and International and Commercial Arbitration and has repeatedly been recognized as one of Canada’s top 25 female litigators. Tracey was appointed as King’s Counsel in 2015 and was admitted as a Fellow of the American College of Trial Lawyers in March 2019. Tracey has been n...
Geoff Cowper, KC is a leading general litigator and a leader of the Firm's Litigation & Dispute Resolution group. Geoff has served as counsel in leading private and public cases in Canada and internationally. These have included leading decisions with national and international dimensions respecting commercial law, public law and human rights.
Matthew Ghikas is the leader of Fasken’s Global Energy Group in the BC Region. He is a leading energy and regulatory litigator based in Vancouver, with particular expertise in the energy, utility and natural resources industries. Matt represents clients in proceedings before regulators in BC, Alberta and Manitoba, in litigation before the courts in British Columbia and Alberta, and in arbitrations and mediations. He has experience and qualifications in domestic and international arbitra...
Angus Gunn is a barrister who concentrates on the resolution of commercial disputes. His practice emphasizes (a) civil appellate litigation matters; (b) appointments as counsel and arbitrator in international and domestic commercial arbitration proceedings; and (c) counsel in judicial review and other administrative law matters. He blends a traditional litigation practice with extensive experience in alternative dispute resolution. He is a member of the Law Society of British Columbia and the...
Alexandra Mitretodis is a litigation and dispute resolution Partner in Fasken’s Vancouver office with a practice in class actions, international and domestic commercial arbitration, and commercial litigation. Alexandra works on complex files that often have a multi-jurisdictional or international dimension. Alexandra has appeared as counsel before all levels of court in British Columbia, as well as the Federal Court and the Supreme Court of Canada. Knowledgeable of a variety of arbitrat...
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