OVERVIEW & EXPERTISE

 

Arbitration is often the preferred way to resolve international commercial disputes, providing benefits such as privacy, the ability to select arbitrators, flexible procedures, internationally enforceable awards and finality.

The Blakes Arbitration group can help assess your situation and develop a customized strategy to produce a favourable outcome more effectively and with greater success. Our multidisciplinary team is armed with the skills and insights required to achieve the results you want. From risk avoidance, assessment and mitigation advice, to the commencement and carriage of an arbitration, we offer a complete range of dispute resolution services.

We act as counsel in numerous institutional international arbitrations conducted under the rules of the world’s leading international arbitration institutions, such as the International Chamber of Commerce (ICC), the London Court of International Arbitration, the International Centre for Dispute Resolution (ICDR) and under United Nations Commission on International Trade Law (UNCITRAL) rules. Above all, we are particularly adept in selecting the right arbitrators, negotiating the appropriate procedures, articulating complicated arguments and conducting all aspects of complex arbitration.

Taking a results-oriented approach, we focus on your goals and work to find solutions to suit your business needs. Blakes has a well-deserved reputation for effective, efficient and practical advice to shield you from risk and navigate challenges. Whether a matter is domestic or international, we explore every opportunity to resolve disputes by the best available means.

As a Canadian law firm with global reach and language capabilities that include English, French, Arabic, German, Italian and Spanish, among others, we offer a strategic advantage for clients operating in or across North America, Europe, Asia and other international jurisdictions. We are often engaged to resolve choice of law/venue issues, take evidence in foreign proceedings and enforce foreign judgments. 

Our network of offices across Canada ensures local expertise and our ability to host arbitral hearings where appropriate. Our Middle East offices also handle arbitrations in that region, drawing on our local experience with land claims, construction claims before the Board of Grievances, the CMA Committee, the Banking Committee and general Shari’ah court matters.

If necessary, members of our group can also act as arbitrators. The group includes fellows of the Chartered Institute of Arbitrators and members of the arbitration panels of such institutions as the ICC and the ICDR.

We are well known and regularly sought out for our experience in domestic and international arbitrations across a wide variety of industry sectors, including representing:

  • Mining – Canadian and international mining companies in mine ownership, control and operations disputes.
  • Oil & Gas – Leading energy companies in disputes between companies, in the regulatory realm, and with governments regarding virtually every aspect of energy law.
  • Technology – Clients on software development and licensing, and arbitrating royalty and misuse disputes between developers and end users.
  • Insurance – Domestic and international policyholders and underwriters in complex commercial insurance disputes, including arbitrations under large property and liability insurance programs.
  • International Trade – Clients before or involving the World Trade Organization in arbitrations under the North American Free Trade Agreement (NAFTA), Chapter 11, at the International Centre for Settlement of Investment Disputes, under the UNCITRAL Model Law rules, in courts at all levels and before administrative bodies throughout Canada.

Representative Matters

Although international arbitrations and mediations are typically confidential proceedings, the following is a small but representative sample of cases in which we are able to disclose some details:

  • Counsel in an investment treaty arbitration relating to our client’s investments in a foreign jurisdiction.
  • Counsel in several ICC arbitrations arising out of long-term agreements for the purchase and sale of iron ore and shipment from Northern Canada to Asian customers.
  • Counsel to a mining producer and manager in a series of ad hoc arbitrations relating to a long-term lease and royalty agreement in Newfoundland and Labrador.
  • Counsel to a large international hospitality company in securing control over 60 hotel properties in Canada following an expedited arbitration process.
  • Counsel on three related arbitrations seeking damages of approximately C$90-million in respect of construction projects in the Alberta oil sands.
  • Counsel to a party in an international ad hoc arbitration relating to a power infrastructure project involving hundreds of different construction sites.
  • Counsel to a party on a domestic arbitration relating to the greenhouse gas emission provisions of a power purchase agreement.
  • Counsel in an ICC arbitration and the successful settlement negotiations in a dispute between Canadian and Panamanian companies in connection with a coal mine in Colombia (Xira Investments Inc. v. Andean Coal Corporation).
  • Counsel in an arbitration and resolution of a dispute between two Canadian public companies regarding a gold mine in Spain (Glen Eagle Resources v. Kinbauri Gold Corp.).
  • Counsel in an UNCITRAL Model Law arbitration relating to failure of major equipment at a mine site involving claims in excess of C$200-million.
  • Counsel in an ad hoc UNCITRAL Model Law arbitration of software royalty and copyright infringement issues, and defence of the C$109-million award in favour of our clients in the Ontario courts (MPI Technologies v. Xerox).
  • Counsel to a group of multinational insurance companies based in Europe and North America in an international commercial arbitration with a value of over C$800-million, involving construction issues and insurance coverage issues in the oil sands.
  • Counsel to a Canadian policyholder in an arbitration with international and domestic underwriters over coverage under a global property and liability insurance program arising out of legal proceedings in Italy.
  • Counsel in an arbitration involving a major international petroleum company in the Gulf Region.
  • Arbitrator on a three-member panel for a significant Saudi construction arbitration taking place in Bahrain.
  • Member of an arbitration panel in a dispute regarding the termination of an agency agreement.
  • Sole arbitrator on a domestic ad hoc arbitration in a share valuation dispute.​

 

 INDUSTRY RECOGNITION

 
Blakes International Dispute Resolution lawyers have been recognized as leaders in their field in the current editions of the following publications:
  • Chambers Global: The World's Leading Lawyers for Business
  • The Canadian Legal Lexpert Directory
  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
  • The Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada
  • Who's Who Legal: Canada
  • Who's Who Legal: Mediation
  • Who's Who Legal: Business
  • Legal Media Group’s Guide to the World’s Leading Experts in Commercial Arbitration
  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys
  • The Best Lawyers in Canada
 

 PEOPLE

 
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Partner | Toronto
Toronto: 416-863-3349
Areas of Expertise: Litigation & Dispute Resolution, Arbitration, Environmental, Mining Litigation & Dispute Resolution, Business Crimes, Investigations & Compliance, Enterprise Risk & Crisis Response, Environmental Litigation & Enforcement, Aboriginal
Partner | Toronto
Toronto: 416-863-2635
Areas of Expertise: Litigation & Dispute Resolution, Copyright, IP Litigation, Technology, Life Sciences, Europe, United States, Business Crimes, Investigations & Compliance, Anti-Counterfeiting , Arbitration
Partner | Toronto
Toronto: 416-863-4316
Areas of Expertise: Arbitration, Corporate Litigation, Securities Litigation, Class Actions, Litigation & Dispute Resolution, Constitutional & Charter of Rights, Mining
Partner | Toronto
Toronto: 416-863-2934
Areas of Expertise: Intellectual Property, Information Technology, Life Sciences, Arbitration, Copyright, IP Licensing & Agreements, Patents, Trade-marks, Technology, Anti-Counterfeiting
Counsel | Montréal
Montréal: 514-982-5027
Areas of Expertise: Investment Treaty Arbitration, Litigation & Dispute Resolution, Competition & Antitrust, Cartels & Criminal Investigations, Competition Law Compliance, Business Crimes, Investigations & Compliance, Africa, United States, Europe, Latin America, Constitutional & Charter of Rights, Arbitration
Senior Counsel | Calgary
Calgary: 403-260-9650
Areas of Expertise: Insurance Litigation, Construction Dispute Resolution, Arbitration, Product Liability, Insurance, Reinsurance
Partner | Vancouver
Vancouver: 604-631-4177
Areas of Expertise: Litigation & Dispute Resolution, Corporate Litigation, Construction Dispute Resolution, Class Actions, Arbitration, Mining Litigation & Dispute Resolution, Environmental, Aboriginal, International Trade
Partner | Toronto
Toronto: 416-863-2408
Areas of Expertise: Arbitration, Media & Defamation, Business Crimes, Investigations & Compliance, Constitutional & Charter of Rights, Privacy, Cybersecurity and Data Breach Response & Litigation, Cybersecurity, Enterprise Risk & Crisis Response, Government & Public Sector
Partner | Montréal
Montréal: 514-982-5088
Areas of Expertise: Litigation & Dispute Resolution, Competition Litigation, Foreign Investment, Arbitration, Corporate Litigation, Securities Litigation, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Law Compliance, Merger Review & Control, Anti-Corruption & Bribery, Constitutional & Charter of Rights, Business Crimes, Investigations & Compliance
Partner | Toronto
Toronto: 416-863-4009
Areas of Expertise: Class Actions, Constitutional & Charter of Rights, Securities Litigation, Corporate Litigation, Mining, Arbitration, Banking
Partner | Toronto
Toronto: 416-863-4011
Areas of Expertise: Business Crimes, Investigations & Compliance, Media & Defamation, Corporate Litigation, Constitutional & Charter of Rights, Arbitration, Securities Litigation, Litigation & Dispute Resolution, Procurement
Associate | Calgary
Calgary: 403-260-9687
Areas of Expertise: Mergers & Acquisitions, Oil & Gas, Infrastructure, Power, Corporate Litigation, Arbitration, Business Crimes, Investigations & Compliance, Construction Dispute Resolution, Anti-Corruption & Bribery
Associate | Montréal
Montréal: 514-982-4066
Areas of Expertise: Litigation & Dispute Resolution, Restructuring & Insolvency, Arbitration
Associate | Vancouver
Vancouver: 604-631-4166
Areas of Expertise: Litigation & Dispute Resolution, Corporate Litigation, Securities Litigation, Arbitration, Anti-Corruption & Bribery, Business Crimes, Investigations & Compliance
Senior Counsel | Calgary
Calgary: 403-260-9604
Areas of Expertise: Arbitration, Energy, Construction, Business Crimes, Investigations & Compliance, Corporate Litigation, Securities Litigation, Construction Dispute Resolution
Associate | Toronto
Toronto: 416-863-5287
Areas of Expertise: Litigation & Dispute Resolution, Arbitration, Product Liability, Media & Defamation
Partner | Vancouver
Vancouver: 604-631-3383
Areas of Expertise: Arbitration, Corporate Litigation, Securities Litigation, Aboriginal
Partner | Calgary
Calgary: 403-260-9654
Areas of Expertise: Class Actions, Energy, Competition Litigation, Corporate Litigation, IP Litigation, Media & Defamation, Arbitration
Partner | Toronto
Toronto: 416-863-2176
Areas of Expertise: Class Actions, Corporate Litigation, Arbitration, Securities Litigation, Shareholder Activism
Associate | Toronto
Toronto: 416-863-2205
Areas of Expertise: Competition Litigation, Arbitration, Construction Dispute Resolution, Securities Litigation
Associate | Toronto
Toronto: 416-863-2756
Areas of Expertise: Corporate Litigation, Constitutional & Charter of Rights, Arbitration, Product Liability, Tax Controversy & Litigation
Partner | Montréal
Montréal: 514-982-4016
Areas of Expertise: Arbitration, Product Liability, Corporate Litigation, Securities Litigation, Insurance, IP Litigation, Procurement
Counsel | Calgary
Calgary: 403-260-9630
Areas of Expertise: Arbitration, Oil & Gas
Partner | Toronto
Toronto: 416-863-4274
Areas of Expertise: Litigation & Dispute Resolution, Media & Defamation, Business Crimes, Investigations & Compliance, Constitutional & Charter of Rights, Competition Litigation, Tax Controversy & Litigation, Arbitration, Cybersecurity and Data Breach Response & Litigation, Enterprise Risk & Crisis Response, Government & Public Sector, Mining Litigation & Dispute Resolution, Defence
Associate | Toronto
Toronto: 416-863-3305
Areas of Expertise: Litigation & Dispute Resolution, Media & Defamation, Business Crimes, Investigations & Compliance, Corporate Litigation, Arbitration
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