Chadwick, Robert J.
Goodmans LLP
(416) 597-4285
rchadwick@goodmans.ca
Mr. Chadwick focuses
on corporate, banking,
private equity, insol-
vency and reorganiza-
tions, and M&A law on
national, cross-border
and international trans-
actions. He counsels a
diverse group of clients,
including boards, in
various industries.
Charbonneau,
Robert E.
Borden Ladner
Gervais LLP
(514) 954-2518
rcharbonneau@blg.com
Mr. Charbonneau fo-
cuses on class actions,
cross-border commer-
cial cases & insurance
law, including insurance
broker, product and
aviation liability matters.
Retailers, manufactur-
ers, insurers &
chartered financial
institutions are
among his clients.
Chernos, David
Chernos Flaherty
Svonkin LLP
(416) 855-0402
dchernos@cfscounsel.com
Practice focuses on
corporate and commer-
cial litigation, sharehold-
ers' disputes, corporate
restructurings and tax,
insurance and estates
litigation. Has appeared
as lead counsel before
all levels of court in On-
tario and the Supreme
Court of Canada.
Chaiton, Harvey G.
Chaitons LLP
(416) 218-1129
harvey@chaitons.com
Mr. Chaiton's insolvency
practice emphasizes
domestic and cross-bor-
der receiverships and
restructurings, including
insolvency litigation. His
clients include financial
institutions, creditors,
debtors, monitors, re-
ceivers and trustees.
Cherniak, QC, Earl A.
Lerners LLP
(416) 601-2350
echerniak@lerners.ca
Mr. Cherniak is a do-
mestic and international
commercial arbitrator
and senior counsel
with wide experience
in appellate advocacy,
professional responsibil-
ity, insurance litigation,
and constitutional and
administrative law.
Chiasson, Craig R.
Borden Ladner
Gervais LLP
(604) 640-4221
cchiasson@blg.com
Mr. Chiasson focuses
on international arbitra-
tion, and complex com-
mercial disputes. He
has experience in pro-
ceedings administered
by the major arbitral
institutions, ad hoc arbi-
trations, as an arbitrator
and before the British
Columbia courts.
Alternative Dispute Resolution
|
11
e effect of the Sattva decision on Canadian companies
will take some time to work through the system, given the
length of many commercial contracts. "Contracts made prior
to Sattva that say you can appeal an arbitration decision can
still be appealed," says Richler, "as Sattva only applies where
the contract says nothing about appeal rights, or where a pro-
vincial arbitration act allows parties to apply for permission
to appeal on a question of law. But the Sattva decision, of
course, says what's a question of law is very, very narrow."
According to Tina Cicchetti, a partner with Fasken Mar-
tineau DuMoulin LLP in Vancouver, "over the years, there
has been an increase in applications for leave to appeal from
awards, but Sattva has effectively closed the door on a num-
ber of those applications. Going forward, businesses need to
keep this in mind when deciding between arbitration and
litigation in their agreements."
In another development, says Cicchetti, a member of Fas-
ken Martineau's Litigation and Dispute Resolution Group,
lawyers are increasingly specializing in alternative dispute
resolution (ADR). "We're seeing this specialization not only
among counsel, but also with individuals whose practices are
primarily as arbitrators. Canadian businesses benefit from a
wider pool of experienced potential arbitrators as a result.
For international disputes, this collective experience means
that Canadian counsel and arbitrators are among the best in
the business."
Further, says Cicchetti, "international arbitration has be-
come a very specialized field and some of the approaches
used there are finding their way into domestic arbitrations
in Canada. ese include simplified procedures tailored to
the resolution of a particular dispute resulting in faster, more
effective decision making, which is the intended goal of arbi-
tration as an alternative to litigation."
For example, she says, "we're seeing arbitration procedures
focused on detailed written submissions with the early pro-
vision of reliance documents and witness statements rather
than the traditional litigation-style short-form pleading fol-
lowed by extensive document and witness discovery. is
avoids the slow-moving, lazy river pace of dispute resolution
that oen occurs in the courts."
Cicchetti says for Canadian companies unfamiliar with
international arbitration, this practice may seem unusual.
"However, the early development of a claimant's case allows
the parties to focus on the actual issues in dispute and results
in a much shorter hearing if the parties do not resolve their
dispute amicably. is works particularly well for breach of
contract claims, which happen to form the majority of com-
mercial disputes."
"[IF YOU ARE OPTING FOR
ARBITRATION] IT'S BECAUSE YOU
WANT TO HAVE YOUR DISPUTE
RESOLVED EFFICIENTLY AND QUICKLY;
ON THE OTHER HAND, IF YOU PROVIDE
FOR APPEAL WHAT YOU'RE REALLY
DOING IS CREATING A COURT
PROCESS WHICH HAS ARBITRATION
AS A FIRST STEP."
– Joel Richler, Blake, Cassels & Graydon LLP
