Alternative Dispute Resolution
Alternative dispute resolution is an expanding and developing area in Canada as clients seek ways to minimize the formality and publicity associated with litigation. Farris lawyers are leaders in the alternative dispute resolution field.
Farris has represented parties in commercial arbitrations of all sizes, including some of the largest arbitrations conducted in the province of British Columbia under the Commercial Arbitration Act and International Commercial Arbitration Act. Farris litigators have experience with arbitrations conducted under a variety of rules and procedures, including the Domestic Commercial Arbitration Rules of the British Columbia International Commercial Arbitration Centre. Farris litigators also have substantial experience in court applications 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. Farris lawyers George Macintosh, Q.C. and Mitchell Gropper, Q.C. serve as arbitrators, as does former Farris litigator Jack Giles, Q.C.
Farris lawyers have represented parties in international trade arbitrations, including the softwood lumber dispute between Canada and the United States. They also have extensive experience in advising parties on dispute resolution procedures under the North American Free Trade Agreement and the World Trade Organization.
Our lawyers also have extensive experience in drafting arbitration clauses in contracts.
Farris partner Ludmila Herbst co-authored and updates Commercial Arbitration in Canada: A Guide to Domestic and International Arbitrations (Canada Law Book), a leading arbitration text which has been cited in various Canadian cases. Ms. Herbst is also a regular contributor to The Lawyers Weekly and the Lexpert Corporate Counsel Directory and Yearbook on arbitration-related topics. Farris litigator Rebecca Morse is on the 2009-2010 Executive of the national Alternative Dispute Resolution subsection of the Canadian Bar Association.
In addition, Farris litigators participate regularly in mediations in a wide variety of cases ranging from commercial disputes to personal injury cases. Farris litigators have been successful in obtaining court orders compelling parties to mediate, leading to favourable settlements of complex litigation.
Our recent representative work includes:
- Obtaining a stay of a proposed class action in favour of arbitration in Seidel v. TELUS Communications Inc., 2009 BCCA 104.
- Obtaining a court order mandating multi-party mediation in Singapore, and successfully defending that order on appeal in Executive Inn Inc. v 688571 et al, [2008] B.C.J. No. 429, 2008 BCCA 93.
- Successfully defending against an application to stay proceedings in favour of arbitration in Cut & Run Holdings Ltd. v. Booze Brothers Holdings Inc. (2005), 2 B.L.R. (4th) 14, 39 B.C.L.R. (4th) 218, [2005] 6 W.W.R. 708, 2005 BCSC 167; Cut & Run Holdings Ltd. v. Booze Brothers Holdings Inc., 2005 BCCA 196.
- Representing various claimants and respondents in arbitration proceedings.
Our Alternative Dispute Resolution Lawyers
(Click to view full bio)