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14 April 2015

Ludmila Herbst publishes in ADR Perspectives newsletter

An article by Farris litigator Ludmila Herbst, “Who Appoints an Arbitrator?” [a copy is attached], appears in the latest issue of The ADR Perspectives newsletter.  The newsletter is one of two official publications of the ADR Institute of Canada Inc. and has a cross-Canada editorial board of some of the foremost mediators and arbitrators in the country.  Ms. Herbst is well versed in commercial arbitration and is the co-author of Commercial Arbitration in Canada: A Guide to Domestic and International Arbitrations, which has been cited by courts across Canada.  The article itself reminds readers that while arbitration is often marketed as offering participants their choice of decision-maker (and certainly parties’ opportunities to become involved in the selection process are generally greater than in court proceedings), clients should be mindful of limitations on their role even in the arbitration context. Though arising out of relatively unusual circumstances, the recent decision of the Alberta Court of Appeal in TransAlta Generation Partnership v Balancing Pool, 2014 ABCA 294 serves as a good reminder that the reality may fall short of arbitrating parties’ expectations.

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