Arbitration Law of Canada: Practice and Procedure - Fourth Edition
Arbitration Law of Canada was cited three times in the Supreme Court of Canada's decision in TELUS Communications Inc. v. Wellman, 2019 SCC 19 (CanLII). It was cited twice for general provisions of arbitration law and once in the SCC's decision based on the interpretation of the Arbitration Act, 1991 as descibed in the book.
Arbitration Law of Canada covers arbitration law in all the Canadian Provinces. It is not only a definitive legal text, but has been designed and organized to be a handy reference text for arbitration practitioners. It has been quoted with approval in many courts across Canada as well as the Supreme Court of Canada.
This is a comprehensive treatise on the law and practice of arbitration in Canada. Arbitration Law of Canada covers all aspects of commercial arbitration:
- When to Choose Arbitration;
- How to Draft an Effective Arbitration Clause;
- How to Choose an Arbitrator;
- Legal and Practical Aspects of Arbitrating in Canada under both the UNCITRAL Model Law as well as domestic legislation,
- Enforcing Awards in Canada, Regardless of the Jurisdiction in which they were made.
It also contains extensive Practice Notes and comment on the most recent developments in commercial arbitration including:
• Appeals and leave to appeal in light of the Supreme Court of Canada decision in Sattva Capital Corporation v. Creston Molly Corp.
• Recent cases on staying court proceedings
• Commentary on Ontario’s new International Arbitration Act, reinstating the New York Convention and adopting the amendments to the Model Law
• The Applicable Law of the Arbitration Agreement
• The new Quebec Code of Civil Procedure
• Arbitrator Disclosure, Conflicts and Removal
• Use of Tribunal Secretaries
• Confidentiality, and
• The Role of Expert Witnesses
Readers of the all new fourth edition will find:
• more practice notes;
• edition revised to take into account the developing case law, both dometically and internationally over the last 6 years;
• new feature, Commentary, provides author's personal view on a subject;
• references to the new Ontario International Arbitration Act;
• references to the new British Columbia Domestic Arbitration Act;
• revised and updated sections on court appeals and setting aside applications;
• revised and updated sections on stay of court actions;
• new material on virtual hearings;
• reorganization to group matters into more convenient headings and indexes at the beginning of each chapter;
and more.
Practice Notes Contents
Introduction to the Fourth Edition
Acknowledgements
About the Author
Common Short Forms
Chapter I. Introduction to Commercial Arbitration
Chapter 2. Application and Scope of the Legislation
Chapter 3. The Arbitration Agreement
Chapter 4. Commencing the Arbitral Process and Choosing an Arbitrator
Chapter 5. The Arbitral Tribunal's Jurisdiction
Chapter 6. Conduct of Arbitral Proceedings
Chapter 7. Court Involvement in the Arbitral Process
Chapter 9. Remedies against Awards
Chapter 10. Recognition and Enforcement of Awards
Appendix - Redfern Schedule for Document Requests
J. Brian Casey has 40 years of experience in commercial dispute resolution. He is a former Principal of Baker & McKenzie International and a former Chair of the Firm’s North American Litigation Practice group. In 2012 he formed Bay Street Chambers to continue his practice as an independent commercial arbitrator, providing arbitration and consulting services to both the Canadian and international business communities.
Mr. Casey has a Bachelor of Engineering degree from Carleton University and graduated magna cum laude with an LL.B. from the University of Ottawa. He was called to the Bar in 1976. He has practiced at all levels of the courts in Canada, including the Supreme Court of Canada. He also holds an LL.M. in international business law from York University, having focused his studies on international commercial arbitration. In 1995 he was designated a Fellow of the Chartered Institute of Arbitrators.
During his career, Mr. Casey has been retained as sole arbitrator, chairman of the tribunal, or as co-arbitrator in numerous commercial arbitrations, both ad hoc and institutional, under the auspices of the LCIA, ICC, and the AAA/ICDR. He has also acted in investor/State arbitrations under Chapter 11 of the NAFTA administered by ICSID and other investor/state arbitrations arising out of Bilateral Investment Treaties. He is an adjunct professor at the University of Toronto Law School, sits on the Council of the American Arbitration Association and is Chair of the Canadian Advisory Committee to the International Centre for Dispute Resolution.
REVIEWS ON THE PREVIOUS FOURTH EDITION:
"A feature that is unique to this book, and likely is one of its most important features, is the Practice Notes. This is not something you see in every book. The Practice Notes are invaluable, whether you are a young counsel starting out or a senior arbitrator hobbling into the hearing room. The number of Practice Notes has grown over the years, but they remain concise and up to date. .... September 10, 2016, was an important day in Canadian arbitration circles. On that day, Casey sent the third edition of Arbitration Law of Canada: Practice and Procedure to the publishers in New York. The "Red Book" – as we know it– has become a staple in Canadian arbitration. It is the Bible for both arbitrators and counsel alike. ... Both counsel and arbitrators should buy this book as quickly they can. In fact, they should buy two. Somebody will borrow one and never give it back."
- Gordon Kaiser is a JAMS Arbitrator in Toronto and served as the Vice Chair of the Ontario Energy Board from 2004 to 2010 (Review, Energy Law Journal, Vol.38, 429)
"This book is a timely addition to the development of commercial arbitration law in Canada. Its organization and logical structure make it a necessary reference tool for those practicing in the field."
- L. Yves Fortier, C.C., Q.C. Independent Arbitrator, former Chairman and Senior Partner, Ogilvy Renault; former President, London Court of International Arbitration (LCIA)
"This book fills that important gap for Canadian lawyers who are practicing in the area and for students and others who are interested in the law of arbitration in Canada."
- Professor Janet Walker, Osgoode Hall Law School of York University; Adviser, Federal Courts Rules Committee
J. Brian Casey has 40 years of experience in commercial dispute resolution. He is a former Principal of Baker & McKenzie International and a former Chair of the Firm’s North American Litigation Practice group. In 2012 he formed Bay Street Chambers to continue his practice as an independent commercial arbitrator, providing arbitration and consulting services to both the Canadian and international business communities.
Mr. Casey has a Bachelor of Engineering degree from Carleton University and graduated magna cum laude with an LL.B. from the University of Ottawa. He was called to the Bar in 1976. He has practiced at all levels of the courts in Canada, including the Supreme Court of Canada. He also holds an LL.M. in international business law from York University, having focused his studies on international commercial arbitration. In 1995 he was designated a Fellow of the Chartered Institute of Arbitrators.
During his career, Mr. Casey has been retained as sole arbitrator, chairman of the tribunal, or as co-arbitrator in numerous commercial arbitrations, both ad hoc and institutional, under the auspices of the LCIA, ICC, and the AAA/ICDR. He has also acted in investor/State arbitrations under Chapter 11 of the NAFTA administered by ICSID and other investor/state arbitrations arising out of Bilateral Investment Treaties. He is an adjunct professor at the University of Toronto Law School, sits on the Council of the American Arbitration Association and is Chair of the Canadian Advisory Committee to the International Centre for Dispute Resolution.
REVIEWS ON THE PREVIOUS FOURTH EDITION:
"A feature that is unique to this book, and likely is one of its most important features, is the Practice Notes. This is not something you see in every book. The Practice Notes are invaluable, whether you are a young counsel starting out or a senior arbitrator hobbling into the hearing room. The number of Practice Notes has grown over the years, but they remain concise and up to date. .... September 10, 2016, was an important day in Canadian arbitration circles. On that day, Casey sent the third edition of Arbitration Law of Canada: Practice and Procedure to the publishers in New York. The "Red Book" – as we know it– has become a staple in Canadian arbitration. It is the Bible for both arbitrators and counsel alike. ... Both counsel and arbitrators should buy this book as quickly they can. In fact, they should buy two. Somebody will borrow one and never give it back."
- Gordon Kaiser is a JAMS Arbitrator in Toronto and served as the Vice Chair of the Ontario Energy Board from 2004 to 2010 (Review, Energy Law Journal, Vol.38, 429)
"This book is a timely addition to the development of commercial arbitration law in Canada. Its organization and logical structure make it a necessary reference tool for those practicing in the field."
- L. Yves Fortier, C.C., Q.C. Independent Arbitrator, former Chairman and Senior Partner, Ogilvy Renault; former President, London Court of International Arbitration (LCIA)
"This book fills that important gap for Canadian lawyers who are practicing in the area and for students and others who are interested in the law of arbitration in Canada."
- Professor Janet Walker, Osgoode Hall Law School of York University; Adviser, Federal Courts Rules Committee
Practice Notes Contents
Introduction to the Fourth Edition
Acknowledgements
About the Author
Common Short Forms
Chapter I. Introduction to Commercial Arbitration
Chapter 2. Application and Scope of the Legislation
Chapter 3. The Arbitration Agreement
Chapter 4. Commencing the Arbitral Process and Choosing an Arbitrator
Chapter 5. The Arbitral Tribunal's Jurisdiction
Chapter 6. Conduct of Arbitral Proceedings
Chapter 7. Court Involvement in the Arbitral Process
Chapter 9. Remedies against Awards
Chapter 10. Recognition and Enforcement of Awards
Appendix - Redfern Schedule for Document Requests