Earl A. Cherniak
Lerners LLP, 2400 – 130
Adelaide St. W.
Toronto, Ontario M5H 3P5
Lerners LLP, 1961- Present
President, Advocates’ Society (1979-1980); Elected Fellow, American College of Trial Lawyers (1982); Elected Fellow, International Academy of Trial Lawyers (1987); Advocates’ Society Medal (1996); First recipient of OBA Award for Excellence-Civil Litigation (2004); Recipient of 2006
Osgoode Hall Law School Alumni Gold Key Award; Toronto Commercial Arbitration Society, (Chair 2010-2013 )
Fellow, Chartered Institute of Arbitrators, July 2006; Panel Member, International Arbitrations, International Centre for Dispute Resolution (ICDR/AAA); Member, Canadian Roster of Arbitrators, International Chamber of Commerce (ICC); Roster Member, London Court of International Arbitrators (LCIA); Member, Arbitration Place, Toronto; Member, Arbitration practice at 3Verulam Buildings chambers, London, UK
Recent/ongoing commercial arbitrations between: Alberta Oil Sands joint venture and international group of insurers (chair of panel);steel company and group of contractors who performed upgrade (chair of panel);coal mining company and loading facility; electric energy supplier and manufacturer (chair of panel);Ontario government and long term lessee of toll highway; dispute in Canadian book publishing industry; Ontario municipality and hydro-electric supplier; buyer and seller of hydro-electric supply company; shareholder dispute in technology industry; vendor/purchaser dispute in hydro-electric power supply industry; two pharmaceutical companies over distribution agreement; over dockage rights on Great Lakes (panel member, ICC arbitration); hospital and pharmaceutical company; manufacturer of commercial airplanes and customer; ICC arbitration involving American supplier and European entities over share acquisition agreement; Canadian companies in helicopter industry; Canadian corporation and its directors with insurer over liability under directors and officers liability policy following on bankruptcy of American subsidiary; partner of major Canadian law firm and the law firm; condominium owners and developer over use of the premises; significant entity in Vancouver Olympics and developer; First Nations Band, Ontario Power Generation and entity of Ontario government over power generation in Northern Ontario; parties to joint venture agreement; Canadian investors and Chinese manufacturing entity over shareholders’ agreement; Canadian First Nation and Ontario government over issues relating to a casino; franchise dispute between US Company and Canadian franchisees; LCIA arbitration between a B.C. company and a Swiss financial group over a mining investment in Mexico; a rate arbitration in the coal industry (panel member);several shareholder disputes and interpretations of joint venture agreements; in Newfoundland between the province and energy suppliers; between a Spanish distributor and a Canadian pharmaceutical manufacturer; between an American supplier and a Canadian distributor in the hardware industry; and oil and gas arbitration between a provincial government and Canadian energy companies (panel member).
Mr. Cherniak has delivered expert determinations for the ICDR with respect to string confusion disputes in ICANN’s generic Top-Level Domain Program.
Mediations include shareholders dispute; claims in complex insolvency between stakeholders; major supplier and sub-contractor in the automotive industry; Toronto and developer; class action suit in securities litigation; Air France and passengers re plane crash in Toronto; financial institution and the Canadian government over the interpretation of an agreement for the sale of a government run entity; dispute between French jewelry supplier and a Canadian vendor/franchisee; and several international franchisee/franchisor disputes (ICDR).