OVERVIEW & EXPERTISE

 

When complex, high-stakes international disputes arise, the Blakes International Dispute Resolution group can help assess your situation and develop a customized strategy to avoid the dispute, where possible, or resolve a dispute quickly, effectively and successfully. We offer a complete range of dispute resolution services, from strategic advice and risk assessment to international commercial mediation and international commercial arbitration, as either counsel, mediator or arbitrator.

Mediation

Mediation is mandatory in many Canadian jurisdictions and has been for some time. As a result, we have years of experience advising domestic and international clients on how best to achieve their goals within the mediation process. Our group includes experienced mediators available to help parties explore the advantages and disadvantages of pursuing their legal and contractual rights versus compromising through settlement.

Arbitration

Offering advantages over litigation in public courts, arbitration can often be a preferred method of resolving international commercial disputes. Benefits include privacy, the ability to select the tribunal, flexible procedures, internationally enforceable awards and finality.

Blakes lawyers have acted as counsel in numerous ad hoc and 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.

Our Gulf office also handles arbitrations in that region, drawing on our local experience with land claims, construction claims before the Board of Grievances, CMA Committee, Banking Committee and general Shari’ah court matters, as well as investor claims relating to the Saudi stock market crash of 2006.

Working with our corporate lawyers, we advise on all aspects of the arbitration process. Internationally, clients engage us to resolve choice of law/venue issues, take evidence in foreign proceedings and enforce foreign judgments.

As a Canadian law firm with global reach and language capabilities that include English, French, Arabic, German, Italian and Spanish, among others, we offer international clients a strategic option when operating in or across North America, Europe, Asia and other international jurisdictions. Our Canadian office network also ensures local expertise and our ability to host arbitral hearings where appropriate.

Our group includes a member of the London Court of International Arbitration Users’ Council, lawyers who are fellows of the Chartered Institute of Arbitrators and members of the arbitration panels of such institutions as the ICC and the ICDR.

Involved in arbitrations across a wide variety of industry sectors, we have specialized expertise in:

  • Mining – Backed by our sophisticated and extensive mining practice, we have acted for Canadian and international mining companies in mine ownership, control and operations disputes worldwide.
  • Oil & Gas Representing leading energy companies worldwide, we have also arbitrated disputes between companies, in the regulatory realm, and with governments regarding virtually every aspect of energy law.
  • Technology – We regularly advise on software development and licensing, and arbitrate royalty and misuse disputes between developers and end users.
  • Insurance – Domestic and international policyholders and underwriters have retained us to represent them in complex commercial insurance disputes, including arbitrations under large property and liability insurance programs.
  • International Trade – Blakes also possesses expertise in international trade dispute resolution, representing clients at arbitrations under the North American Free Trade Agreement (NAFTA) Chapter 11, at the International Centre for Settlement of Investment Disputes, and trade disputes arbitrated under the UNCITRAL Model Law rules.

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 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 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 a settlement of an ICC arbitration involving a dispute between Italian and Turkish companies (Singer v. Candy).
  • 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.
  • Mediator of a multi-jurisdictional product liability and international sale of goods 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, International Dispute Resolution, Environmental & Aboriginal, Mining Litigation & Dispute Resolution, Business Crimes, Investigations & Compliance, Enterprise Risk & Crisis Response, Environmental Litigation & Enforcement
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 , International Dispute Resolution
Partner | Toronto
Toronto: 416-863-4316
Areas of Expertise: International Dispute Resolution, 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, International Dispute Resolution, 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, International Dispute Resolution
Senior Counsel | Calgary
Calgary: 403-260-9650
Areas of Expertise: Insurance Litigation, Construction Dispute Resolution, International Dispute Resolution, Product Liability, Insurance, Reinsurance
Partner | Vancouver
Vancouver: 604-631-4177
Areas of Expertise: Litigation & Dispute Resolution, Corporate Litigation, Securities Litigation, Construction Dispute Resolution, Class Actions, International Dispute Resolution, Mining Litigation & Dispute Resolution, Aboriginal Law
Partner | Toronto
Toronto: 416-863-2408
Areas of Expertise: International Dispute Resolution, 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, International Dispute Resolution, 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, International Dispute Resolution, Banking
Associate | Vancouver
Vancouver: 604-631-4282
Areas of Expertise: Litigation & Dispute Resolution, Class Actions, Corporate Litigation, Product Liability, International Dispute Resolution
Partner | Toronto
Toronto: 416-863-4011
Areas of Expertise: Business Crimes, Investigations & Compliance, Media & Defamation, Corporate Litigation, Constitutional & Charter of Rights, International Dispute Resolution, Securities Litigation, Litigation & Dispute Resolution
Associate | Calgary
Calgary: 403-260-9687
Areas of Expertise: Mergers & Acquisitions, Oil & Gas, Infrastructure, Power, Corporate Litigation, International Dispute Resolution, Business Crimes, Investigations & Compliance, Construction Dispute Resolution, Anti-Corruption & Bribery
Associate | Vancouver
Vancouver: 604-631-4228
Areas of Expertise: International Dispute Resolution, Corporate Litigation, Securities Litigation, Trade Litigation, Banking, Mining, United States, China
Associate | Montréal
Montréal: 514-982-4066
Areas of Expertise: Litigation & Dispute Resolution, Restructuring & Insolvency, International Dispute Resolution
Associate | Vancouver
Vancouver: 604-631-4166
Areas of Expertise: Litigation & Dispute Resolution, Corporate Litigation, Securities Litigation, International Dispute Resolution, Anti-Corruption & Bribery, Business Crimes, Investigations & Compliance
Senior Counsel | Calgary
Calgary: 403-260-9604
Areas of Expertise: International Dispute Resolution, 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, International Dispute Resolution, Product Liability, Media & Defamation
Partner | Vancouver
Vancouver: 604-631-3383
Areas of Expertise: International Dispute Resolution, Aboriginal Law, Corporate Litigation, Securities Litigation
Partner | Calgary
Calgary: 403-260-9654
Areas of Expertise: Class Actions, Energy, Environmental & Aboriginal, Competition Litigation, Corporate Litigation, IP Litigation, Media & Defamation, International Dispute Resolution
Partner | Toronto
Toronto: 416-863-2176
Areas of Expertise: Class Actions, Corporate Litigation, International Dispute Resolution, Securities Litigation, Shareholder Activism
Associate | Toronto
Toronto: 416-863-2205
Areas of Expertise: Competition Litigation, International Dispute Resolution, Construction Dispute Resolution, Securities Litigation
Associate | Toronto
Toronto: 416-863-2756
Areas of Expertise: Corporate Litigation, Constitutional & Charter of Rights, International Dispute Resolution, Product Liability, Tax Controversy & Litigation
Partner | Montréal
Montréal: 514-982-4016
Areas of Expertise: International Dispute Resolution, Product Liability, Corporate Litigation, Securities Litigation, Insurance, IP Litigation, Procurement
Counsel | Calgary
Calgary: 403-260-9630
Areas of Expertise: International Dispute Resolution, Oil & Gas
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