ADRIC: Art and Science of Proper Award Writing

Arbitration Awards: User expectations and tribunal best practices

Two counsel and two arbitrators will discuss four major issues relating to the writing of arbitration awards, especially in relation to recent cases such as Freedman v Freedman and Tall Ships v Brockville.

1. Does ‘defensive’ award writing serve the interests of the parties (i.e. long awards that try to cover every fact, every argument, every procedural motion etc. to avoid being accused of having overlooked something or have something that happened in the arbitration being misrepresented to the court)?
2. Going beyond the submissions (does the tribunal have to limit itself to choosing between arguments made by the parties, is a tribunal “going beyond the submissions” if it repackages an argument that was made, when should the tribunal “go back to the parties” for further submissions?).
3. Dealing with unrealistic contractual deadlines for delivery of the award.
4. Dissents (when, if ever, do they add value; how else can they be dealt with; cost of dissents?).

Panelists:    Alexander Gay, Qualified Arbitrator, Ottawa

Bill Horton, FCIArb, Independent Arbitrator, Toronto,

Lisa Munro, FCIArb, Q.Arb, Partner and Arbitrator, Lerners, Toronto

Christina Doria, Partner, Baker & McKenzie, Toronto

Co-hosts:   Mike Schafler, FCIArb, QArb, Partner, Dentons, Toronto

                       Lauren Tomasich, Partner, Litigation, Osler, Toronto

60 minutes of Substantive Credit for the LSO.