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Commercial Arbitration Lawyers in Toronto & Hamilton

When hiring an arbitration lawyer, you deserve a motivated business lawyer who is both pugnacious and results oriented. That’s the approach of Michael Lesage of Michael’s Law Firm with law offices in both Toronto and Hamilton. Michael Lesage is a reputable and highly sought after lawyer who strives to get the results that matter while safeguarding each clients’ business interests.

Call 647-495-8995 to discuss your
Arbitration Case with us today.

What Is Commercial Arbitration?

Commercial arbitration is a dispute resolution process where a neutral third party is used to deliver a decision rather than the traditional court system.

In Canada, commercial arbitration is a popular alternative to commercial litigation because it is private. The decision rendered in commercial arbitration cases is also binding. Parties involved in commercial arbitration typically choose the arbitrator (which is not an option in the traditional court system) and are involved in resolution design in order to meet their needs and the nature of the dispute.

There are two levels of commercial arbitration legislation in Canada:

  1. Federal – the Commercial Arbitration Act is a statute that introduces the Commercial Arbitration Code and provides basic procedural framework. This code applies to any commercial arbitration cases where at least one party is a federal department, Crown corporation, or in relation to admiralty or maritime law.
  2. Provincial – each province in Canada has its own separate arbitration legislation, such as the Ontario Arbitration Act.

Why Choose Arbitration in Canada?

There are several reasons why your business may choose commercial arbitration:

  • Choice of arbitrator – disputants choose who will review issue at hand and determine outcome.
  • Confidentiality – arbitration cases require a confidential outcome.
  • Speed – disputes can be resolved quickly.
  • Cost containment – costs of proceedings are typically more easily contained.
  • Experience and expertise –an arbitrator can be chosen based on their expertise that is required to make a decision, whereas a judge in the traditional court system may not have the required expertise.
  • Settlement – higher level of control in the commercial arbitration process leads to better opportunity for settlement.
  • Binding – arbitral awards are binding under the Commercial Arbitration Act.

Call our Experienced Commercial Arbitration Lawyers

At Michael’s Law Firm, we offer a range of commercial arbitration services and also have experience in international commercial arbitration.

If you are involved in a current business or commercial dispute and would like to explore your options in terms of commercial arbitration, please call Michael Lesage at 1-647-495-8995 today for a confidential assessment of your case.

Alternately fill out the Case Form on the left of this page.

Frequently Asked Questions About Commercial Arbitration

Commercial arbitration is a form of alternative dispute resolution where disputes are settled by one or more arbitrators appointed by the parties, rather than through the court system. This process is usually confidential and offers more flexibility in terms of procedure and scheduling compared to traditional court litigation. Arbitration can be used for a variety of legal disputes. It’s generally faster and sometimes less expensive than going to court and is often required by arbitration agreements within contracts. The decision made by the arbitrator is legally binding.

The process for commercial arbitration in Ontario typically involves several steps:

  1. Agreeing to Arbitration: This step requires the parties to agree to settle their dispute through arbitration, which can be mandated by a previous arbitration agreement within a contract.
  2. Selecting an Arbitrator: The parties select an impartial and qualified arbitrator to oversee the case. Ontario maintains a database of arbitrators to assist with this selection.
  3. Preparing for Arbitration: This involves the parties and the arbitrator working together to outline the arbitration process, including the exchange of documents and evidence prior to the hearing.
  4. Arbitration Hearings: Similar to court hearings but usually less formal, allowing each party to present their case to the arbitrator.
  5. Arbitration Decision: The arbitrator makes a legally binding decision on the dispute.
  6. Enforcing the Arbitration Decision: If necessary, a party can apply to the court to enforce the arbitrator’s decision if the other party fails to comply​.

Yes, arbitration decisions can be appealed or challenged in court under certain conditions. Appeals are typically allowed if the arbitration agreement explicitly permits them and can be based on questions of law. The Ontario Arbitration Act, 1991, distinguishes between appeals on questions of law, which can be made with the court’s permission unless otherwise specified in the agreement, and appeals on questions of fact or mixed fact and law, which are only allowed if the arbitration agreement provides for it. Arbitration awards can be set aside by a court on grounds such as bias, unfairness, or fraud. However, the grounds for overturning an arbitrator’s decision are quite limited, emphasizing the finality and binding nature of arbitration decisions.

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