Our Expertise   ›   Practice Areas   ›   Arbitration & Dispute Resolution   ›   Arbitration

Farris LLP: Vancouver's Law Firm

Arbitration

Arbitration is a well recognized means of resolving disputes.  Farris lawyers provide the services you need if you are involved in arbitration or are proactively considering arbitration and decide to include an arbitration clause in your commercial contracts.  Several Farris lawyers also serve as arbitrators.

Farris litigators are experienced in acting as counsel for parties in arbitrations of all sizes.  Farris litigators have conducted arbitrations under a variety of rules, and on a range of topics including corporate reorganizations, earn outs, product defects, real estate developments, finders’ fees, rent reviews, commercial contracts, and wrongful dismissal claims.  Farris lawyers have represented parties in international trade arbitrations, including the softwood lumber dispute between Canada and the United States. Farris labour lawyers also regularly conduct collective agreement arbitrations.

Farris litigators have also acted in all levels of court in proceedings arising out of arbitration agreements and arbitration awards, including applications to stay court proceedings in favour of arbitration, appeals from and reviews of arbitration awards, and applications to enforce arbitration awards.

In addition, our lawyers frequently advise on and draft arbitration agreements suited to particular transactions and business relationships.
Several Farris lawyers are also available to serve as arbitrators, including Mitchell Gropper, Q.C. and David Gruber. 

Farris lawyers are active in the arbitration community.  Farris litigator David Gruber is a fellow of the Chartered Institute of Arbitrators, a leading professional body promoting the settlement of disputes by arbitration, mediation and other alternative dispute resolution methods.  Farris litigator Ludmila Herbst is a member of the Western Canada Commercial Arbitration Society, whose membership is comprised of “senior, experienced international and domestic commercial arbitrators practising in British Columbia, Alberta and Saskatchewan, and senior members of the bar from those provinces who have demonstrated a real commitment to the growth and development of arbitration in Western Canada”. 
Farris lawyers also regularly write and present on arbitration-related topics. Recent publications and presentations include:

  • Commercial Arbitration in Canada, looseleaf (Aurora, Ont.: Canada Law Book), with yearly updates.  Ludmila Herbst, a Farris litigator, is the co-author of this leading text, which has been cited by courts across Canada.
  • “Resolving Post-Closing Disputes”, CLE Conference – Private Mergers and Acquisitions (June 5, 2013).  Ms. Herbst presented at and authored a paper for this conference, providing advice to corporate solicitors and other attendees on whether or not to choose arbitration as a dispute resolution mechanism and on the drafting of arbitration agreements.
  • CLE Conference - Commercial Arbitration (March 1, 2012).  Ms. Herbst co-chaired this conference and presented on the drafting of arbitration agreements.  Mr. Gruber also presented at this conference, on the issue of discovery in the arbitration context.
  • Panel on Drafting Commercial Arbitration Agreements, ADRIC 2011 Conference - Peak Performance in ADR (October 27-28, 2011).  Ms. Herbst presented at this conference on the drafting of arbitration agreements.
  • • Farris CLE Presentation - Arbitrating & Mediating Commercial Disputes (May 19, 2011).  Hector MacKay-Dunn, Q.C., David Gruber and Ludmila B. Herbst presented to an audience of in-house counsel on a variety of topics related to alternative dispute resolution in the commercial context.
  • “Cost sanctions arising from an unreasonable refusal to participate in ADR”, Possibilities – CBA National Alternative Dispute Resolution Section Newsletter (June 2010) (Rebecca Morse, author).
  • “Appeal Court Puts a New Spin on Costs for Arbitration”, The Lawyers Weekly, Vol. 29, No. 37 (February 12, 2010) (Ludmila B. Herbst, author)
  • “Security for Costs in Arbitration: playing hard to get”, The Lawyers Weekly, Vol. 29, No. 2 (May 15, 2009) (Ludmila B. Herbst, author)
  • “Canada”, The Asia-Pacific Arbitration Review 2009: A Global Arbitration Review Special Report, pp. 26-28, (December 2008) (David E. Gruber, co-author)
  • “Arbitration (Domestic Commercial)”, Lexpert CCCA Corporate Counsel Directory (May 2008) (Ludmila B. Herbst, author)
  • “Uncertainty surrounds awards for costs in arbitration proceedings”, The Lawyers Weekly, Vol. 27, No. 44 (March 28, 2008) (Ludmila B. Herbst, author)
  • “Arbitration (Domestic Commercial)”, Lexpert CCCA Corporate Counsel Directory (May 28, 2007) (Ludmila B. Herbst and J. Kenneth McEwan, co-authors)
  • “Judicial Deference to Arbitral Jurisdiction: Applications for Stays of Proceedings and Dell Computer Corp. v. Union des Consommateurs”, The Advocates Club (September 17, 2007) (Ludmila B. Herbst, presenter and author)
  • • “Research Considerations Relating to Commercial Arbitration”, CBA Legal Research and Writing Subsection (April 2006) (Ludmila B. Herbst, presenter)

Our Lawyers

(Click to view full bio)

Alan J. Hamilton, Q.C. Senior Counsel ahamilton@farris.com 604 661 9320
Ludmila B. Herbst, Q.C. Partner lherbst@farris.com 604 661 1722
David E. Gruber Partner dgruber@farris.com 604 661 9361
Michael H. Korbin Partner mkorbin@farris.com 604 661 9330
Alexander D. Mitchell Partner amitchell@farris.com 604 661 9397
Rebecca M. Morse Partner rmorse@farris.com 604 661 1712
Donald L. Richards Partner drichards@farris.com 604 661 9318
Mike Wagner Partner mwagner@farris.com 604 661 9388
Timothy Louman-Gardiner Associate tlouman-gardiner@farris.com 604 661 1729
Erica C. Miller Associate emiller@farris.com 604 661 9328