Law Times

PAGE 2 NEWS New JAMS, Arbitration Place offices put Toronto on ADR map Global dispute resolution BY JULIUS MELNITZER For Law Times W national arbitration and other forms of alternative dispute resolution. "The fact that both these facilities are opening at almost the al of the International Chamber of Commerce's International " ith the opening of Arbitration Place and the new Toronto resolution centre of JAMS this month, the city has taken a big leap forward in its ambition of becoming a hub for inter- same time shows an awareness that a market for international arbitration venues does exist," says Anne Marie Whitesell of Dechert LLP' s Washington office and former secretary gener- Court of Arbitration. "I believe that these developments will bring more international arbitrations to Toronto. ment and the confluence of common and civil law regimes here. "The reason that Canada hasn't yet taken off as a centre Whitesell adds that Toronto is a "perfect venue" for interna- tional arbitrations because of Canada's multicultural environ- for arbitration is because Canadian businesses don't tend to use arbitration as a method of dispute resolution," she says. "But as Canadian businesses expand globally, they won't have any choice and international arbitration is coming whether people want it or not." Still, Whitesell cautions that it'll take more than splendid facilities to solidify Toronto's presence in this market. "International arbitration is big business," she says. "If you place, the Toronto Commercial Arbitration Society, whose goal is "to promote and develop in Toronto a world centre for arbitration excellence to resolve international and domestic disputes." Arbitration Place, which has partnered with the London As it turns out, Toronto already has an organization in " Court of International Arbitration and ICC Canada, is a state-of-the art facil- ity located in Toronto' Centre that will host international and domestic matters. Resident arbitrators include former s Bay Adelaide Supreme Court of Canada justice Ian Binnie, who retired from the top court in October 2011 after almost 14 years on the bench during which he wrote 170 opinions in diverse areas of the law. He was one of Canada' nent commercial litigators before his appointment. " s most promi- very high-level people, an approach that gives it visibility and shows it' the right track," says Whitesell. Other resident arbitrators include Arbitration Place has involved some s on former Ontario associate chief justice Coulter Osborne and Yves Fortier, the former Canadian ambassador to the United Nations who has become one of the world' ing up the post in 1992. Member arbitrators include Earl Cherniak of Lerners LLP, arguably the dean of Canada's litigation bar, and arbitration specialist Barry Leon of Ottawa's Perley-Robertson Hill & s leading arbitrators since giv- look at the existing centres of international arbitration, there is a determined effort both by the local legal communities and governments to promote them, and that will also have to be the case in Toronto. McDougall LLP. "Paris, London, Singapore, and Washington all have arbi- tration centres, but we've never had one in Canada," says Fortier. "And adding justice Binnie to our roster of arbitrators instantly gives Arbitration Place a five-star rating and puts Canada on the map in the world of international arbitration." Arbitration Place boasts an "all-encompassing approach" to hosting arbitrations, including concierge-level administra- tive services and in-house legal support. The facility offers the services of Be-Nazeer Damji, a lawyer with civil litigation experience who has acted as secretary in significant com- modus operandi August 12-14, 2012 CBA Canadian Legal Conference CBA and CCCA Programs Be a part of the only national gathering of Canada's legal community. Lawyers – including corporate counsel – judges, and students come together on this distinctive national stage to examine legal trends, network with their peers, renew their perspectives and, together, shape Canadian society. 'Toronto has not been a significant player in the arbitration world to date but it has a lot to offer,' says Harvey Kirsh. mercial arbitration proceedings, as its in-house counsel. "Ms. Damji will act as a permanent in-house secretary available to assist every tribunal that uses Arbitration Place, " says Fortier. "I'm not aware that this type of service exists elsewhere." Admitted to the Ontario bar in 2009, Damji is fluent in French, English, Hindi, and Swahili and has a working knowledge of Italian. For its part, JAMS, the largest pro- in construction law who has almost 40 years' experience in arbitration, mediation, and litigation. Kirsh joins Edgar Sexton, who spent 13 years as a judge on alternative dispute resolution both domestically and internationally, Harvey Kirsh, a recognized authority vider of mediation and arbitration services worldwide with offices in 25 U.S. cities and London, England, Amsterdam, Rome, and Milan, Italy, boasts almost 300 full-time neutrals and 175 case managers. JAMS also has its own set of institutional rules for the conduct of arbitrations and mediations. "JAMS focuses on all methods of " says April 23, 2012 • lAw Times the Federal Court of Appeal, and Gordon Kaiser, a prominent arbitrator who served as vice chairman of the Ontario Energy Board for six years, as panellists in the Toronto resolution centre. They'll be working out of a facility in the Toronto- Dominion Centre. It features a conference and breakout room, a business centre, a sound-buffering system, and a café. "Toronto has not been a significant player in the arbitra- LT tion world to date but it has a lot to offer," says Kirsh. For a video of the Arbitration Place launch last week, see lawtimesnews.com. Connect@Vancouver Untitled-1 1 www.cba.org/vancouver2012 www.lawtimesnews.com 12-04-17 7:29 AM

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