With its significant presence in New York and Toronto, Torys provides a unique perspective and seamless service to clients seeking creative advice and expertise in commercial arbitration matters. Our cross-border practice allows us to assist U.S., Canadian and international clients with both international and domestic arbitrations. We bring to our arbitration practice the extensive trial experience of our litigation and dispute resolution practice.
Our commercial arbitration experience is wide-ranging. Torys has represented clients in arbitrations under the auspices or governed by the rules of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the United Nations Commission on International Trade Law (UNCITRAL), the American Arbitration Association (AAA), the CPR Institute for Dispute Resolution, and the British Columbia Commercial Arbitration Centre. We have extensive arbitration experience in the sports and entertainment area, including in the arbitration of player salary disputes on behalf of teams in professional sports leagues. We have also acted on many non-administered arbitrations under arbitration statutes and arising out of private contractual arrangements.
Our lawyers also have experience in the arbitration of trade disputes, including arbitrations arising under NAFTA.
We frequently advise clients negotiating commercial agreements on strategic issues relating to choice of law and forum and on customized dispute resolution processes and rules suited to the clients' business needs. We also assist in the enforcement of foreign arbitral awards in the United States and Canada.
Senior members of our firm, including the Honourable Charles L. Dubin, former Chief Justice of Ontario, act as arbitrators in complex commercial matters and in disputes in the telecommunications, health, educational, technology, industrial, public and other sectors.
Torys' lawyers participate frequently in conferences on arbitration issues and have written and spoken on various issues relating to international and domestic arbitrations. We are members of the AAA, the CPR Institute for Dispute Resolution, and the Arbitration and Mediation Institute of Canada.
Recent arbitration proceedings include representing
- a New York property developer in arbitration against its general contractor for damages due to delay and corrective work conducted pursuant to the AAA Construction Rules
- a multinational brewing company in a complex international commercial arbitration involving trademark and restraint of trade issues conducted pursuant to the AAA Commercial Arbitration Rules
- multinational mining corporations in a variety of international and domestic arbitration proceedings, including a dispute before the LCIA involving mining properties in southern Africa; an arbitration being conducted in Paris, France, under the ICC Rules of Arbitration; and proceedings in Ontario under the International Commercial Arbitration Act
- a Connecticut-based medical instrument manufacturer before the LCIA in a dispute with a U.K. university over a research funding agreement
- a prominent Middle Eastern businessman in a lengthy arbitration arising out of a multimillion dollar transportation joint venture
- an international design company in an arbitration conducted under the ICC Rules over the design of a manufacturing facility
- a large U.S. manufacturer of synthetic baler twine in a review by a NAFTA bi-national panel of a Canadian International Trade Tribunal determination that dumped imports of synthetic baler twine were affecting production in Canada
- a Colorado automobile dealership in an arbitration with a Texas computer company over a computer equipment supply contract governed by the law of Michigan and conducted in Phoenix
- a New York real estate investment adviser in a multimillion dollar arbitration against a prominent international financier
- National Hockey League and Canadian Football League teams in numerous player salary arbitrations
- a large, international manufacturer of proprietary process equipment for the chemical/metallurgical, mining, pulp and paper and environmental sectors in arbitration proceedings arising out of the sale of a fabricating business to a manufacturer of large machinery
- a large international luxury hotel company in an arbitration of a lease dispute administered by the B.C. Commercial Arbitration Centre