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Expertise

Arbitration and Alternative Dispute Resolution

Our lawyers understand and appreciate the benefits of different methods of dispute resolution. These benefits may include speed, cost efficiency and access to a tailor-made process.

Clients rely on us for innovative conflict management, dispute prevention and dispute resolution services. We regularly serve as arbitrators, mediators and similar "neutrals" to private sector clients and governments in Canada and abroad. Most of our lawyers are bilingual (French and English), and many are trained in both the common law and civil law systems. Several of our lawyers are certified mediators or arbitrators.

We have one of Canada's most active and experienced arbitration practices. We represent clients both in ad hoc arbitrations and in proceedings under the rules of the International Chamber of Commerce, London Court of International Arbitration, International Centre for the Settlement of Investment Disputes, American Arbitration Association and Court of Arbitration for Sport.

Our expertise spans a wide range of industries and disputes, both domestic and international, including:

  • Local and transnational contract and other commercial disputes
  • Trade law cases
  • Investment treaty arbitrations
  • Sports-related disputes
  • Boundary and other public international law conflicts

Our lawyers belong to the globe elite in alternative dispute resolution:

  • Ogilvy Renault Chairman L. Yves Fortier, C.C., Q.C. - former Ambassador and Permanent Representative of Canada to the UN, ad hoc judge of the International Court of Justice and the first non-European President of the London Court of International Arbitration - has been heralded as "the individual champion, hands-down" among international arbitrators by American Lawyer/Focus Europe
  • Another partner, the Hon. Pierre A. Michaud, O.C., Q.C. - former Chief Justice of the Québec Court of Appeal - designed and implemented an exceptionally successful and widely copied judicial conciliation procedure

Many other Ogilvy Renault lawyers are recognized in Canadian and foreign publications for their expertise in domestic and international arbitration and alternative dispute resolution

Services
  • Advising on the selection of arbitrators, mediators and other neutrals
  • Arbitration
  • Drafting dispute resolution clauses and agreements
  • Fact-finding
  • Mediation
  • Mini-trials
  • Negotiation, facilitation and conciliation
  • Partnering
  • Providing education and training programs relating to conflict management, dispute prevention and dispute resolution
  • Settlement conferencing

Client Work
Supreme Court of Canada Approves BCE's Privatization

Retained to assist the BCE legal team when the landmark case reached the Supreme Court of Canada.  More

Contract dispute with Middle Eastern distributor

Representing a leading aircraft manufacturer before an ICC Arbitral Tribunal in a contract dispute with its Middle Eastern distributor.  More

Dairy Industry Trade-Dress Dispute

Governed by Canadian law and Federal Court Rules.  More

Territorial dispute in Africa

Mediator in a territorial dispute in Africa, as special representative of the Secretary-General of the United Nations.  More

Construction dispute, laws of England and Wales

Representing a company in a construction dispute, governed by the laws of England and Wales.  More

Investment dispute in insurance industry, Poland

Chairman of an ad hoc Arbitral Tribunal, in Brussels, in a dispute concerning an investment in the insurance industry in Poland.  More

Hotel industry dispute, Latin America

Chairman of an ICSID Arbitral Tribunal, in Houston, in a dispute concerning an investment in the hotel industry in Latin America.  More

Dispute concerning investment in Indonesian cement industry

Chairman of an ICSID Arbitral Tribunal, in Singapore, in a dispute concerning an investment in the cement industry in Indonesia.  More

Sport-related disputes in Canada

Arbitrator in numerous sport-related disputes in Canada, including doping matters and Olympic team selection disputes.  More

Enforcement of foreign arbitral award

Representing a Cypriot company before the Federal Court of Canada in the enforcement of a foreign arbitral award.  More

Dispute concerning termination of electricity sale contract

Representing a Canadian electrical power generating and transmission company before an Arbitral Tribunal.  More

Investor-State dispute with Republic of Hungary

Representing Cypriot companies before an Arbitral Tribunal.  More

Contract disputes with Taiwan and Hong Kong customers

Representing a leading telecommunications carrier before two ICC Arbitral Tribunals in contract disputes with customers in Taiwan.  More

Contract dispute, governed by German law

Representing the acquirer of a railway manufacturing business before an Arbitral Tribunal.  More

Disputes in various industries

Representing Canadian companies in various disputes in construction, aeronautical, tax, insurance, banking, finance, communications.  More

Issues of arbitrability arising from intellectual property dispute

Representing an arbitral institution (CCAC) before the Supreme Court of Canada on issues of arbitrability.  More

Sports merchandise dispute, Canadian Commercial Arbitration Centre

Representing a Canadian company in a sports merchandise dispute before an Arbitral Tribunal.  More

Maritime dispute concerning repair of a ship

Representing a Canadian company before an Arbitral Tribunal constituted pursuant to the rules of the Association of Maritime Arbitrators.  More

Energy dispute concerning termination of electricity purchase contract

Representing a Canadian company before an ad hoc Arbitral Tribunal in an energy dispute.  More

Dispute concerning sale of broadcasting and media enterprise

Representing a company before an ad hoc Arbitral Tribunal in a dispute concerning the sale of a broadcasting and media enterprise.  More

Events
Joint YCAP / YAF Symposium - Agreements to Expand the Scope of Judicial Intervention in Arbital Proceedings: Camel's Nose or Cat's Meow?

Martin Valasek, President of the YCAP Board of Directors, delivers opening remarks and moderates this two-part discussion, which features a commentary on Hall Street v. Mattel and a panel discussion on Canadian, US and ICC Perspectives on Hall Street.  More

Publications
Commercial Arbitration in Canada

The Canadian legislative landscape is expressly designed to support the use of arbitration, be it domestic or international. Canadian courts are increasingly knowledgeable of and available to assist with the arbitral process and, ultimately, the...  More

Supreme Court of Canada Considers the Right to Class Actions in the Context of an Arbitration Agreement

The Supreme Court of Canada recently rendered its much-anticipated decision in Dell Computer Corp. v. Union des consommateurs, an appeal in which Ogilvy Renault acted for the London Court of International Arbitration which was granted intervener status by  More

Doing Business with Foreign States and State Companies

Doing business with foreign states can be very attractive for Canadian firms. States can award lucrative contracts on a scale uncommon in the business world.  More

International Tribunal Awards US$83.8 million to Airport Investors

On October 2, 2006, an international arbitral tribunal constituted under the rules of the International Centre for the Settlement of Investment Disputes (ICSID) awarded US$83.8 million to foreign investors in Hungary's Budapest-Ferihegy International ...  More

Doing Business with Foreign States and State Companies

Doing business with foreign states can be very attractive for Canadian firms.  More

Extra Protection for Canadians Investing Abroad

Canadian companies and individuals are investing abroad more than ever before.  More

New York Convention of 1958 & UNCITRAL Model Law on International Commercial Arbitration

In a perfect world, arbitral awards, like court judgments, would be voluntarily respected by the losing party.  More

Media Highlights
The Three Faces of Yves

Ogilvy Renault Chair Yves Fortier, who led Alcan's board in its merger with Rio Tinto and is one of the most active arbitrators in the world, was interviewed for the August 2007 issue of The American Lawyer.  More

Ogilvy Renault Chair - Yves Fortier - Recognized as Top Arbitrator in the World

Ogilvy Renault LLP is proud to announce that L. Yves Fortier, Chairman of the firm, has been recognized as the top arbitrator in the world by The American Lawyer/Focus Europe.  More