Expertise
International Arbitration
Arbitration is a popular solution for international commercial and investment disputes because litigation in a foreign court can be expensive, complex and time-consuming. Arbitration also avoids the risk of a foreign court favouring the native party, and arbitration awards can be easier to enforce internationally.
Ogilvy Renault's international arbitration team is widely regarded as the best in Canada with a valued international reputation. Our innovative thinking and wide-ranging experience have earned us the trust and confidence of business and governments in Canada and around the world. L. Yves Fortier, C.C., Q.C., founder of the team and Chairman of the firm, was again acknowledged as the top arbitrator in the world by American Lawyer in 2007. Many other Ogilvy Renault lawyers are recognized for their expertise in international arbitration and alternative dispute resolution, including:
- Pierre Bienvenu, Managing Partner of Ogilvy Renault, Co-Chair of Ogilvy Renault's ADR Team, and Senior Vice-Chair of the International Bar Association's Arbitration Committee
- Thomas I.A. Allen, Q.C., Fellow of the Chartered Institute of Arbitrators and experienced international arbitrator and mediator
- Stephen L. Drymer, Co-Chair of Ogilvy Renault's ADR Team, and listed among the top 45 lawyers in international arbitration under the age of 45
- Martin J. Valasek, President of the Young Canadian Arbitration Practitioners (YCAP) and Canadian representative for the LCIA's Young International Arbitration Group (YIAG)
- Renée Thériault, London School of Economics (LSE) postgraduate in the field of international dispute resolution, and formerly an intern at the ICC's International Court of Arbitration in Paris
We advise and represent parties at all stages of the arbitration process - from the negotiation of arbitration clauses, to the conduct of arbitration proceedings, to the enforcement or challenge of arbitration awards. We also appear before national courts in enforcement proceedings and other arbitration-related litigation (such as contested jurisdiction and interim measures).
Team members also serve as arbitrators in international disputes. All members are proficient in both English and French, and often in a third language, and many are trained in both the common law and civil law systems. Our team practices before these and other leading institutions:
- London Court of International Arbitration (LCIA)
- International Chamber of Commerce (ICC)
- International Centre for the Settlement of Investment Disputes (ICSID)
- American Arbitration Association (AAA)
- Court of Arbitration for Sport (CAS)
Services
- Crafting dispute resolution provisions, in particular arbitration agreements designed for cross-border transactions
- Handling large-scale arbitration proceedings for clients involved in all types of industries and all types of contractual arrangements
- Advising and assisting clients in investment disputes where government measures affecting foreign investors are inconsistent with investment treaty provisions, including advice on interpreting multilateral and bilateral international investment agreements
- Informing and advising clients on treaties and legislation dealing with international arbitration
- Representing clients in ancillary relief proceedings, as well as proceedings for the recognition and enforcement, or setting aside, of arbitral awards
Client Work
Cirque du Soleil in New Partnership with Dubai World
Acted for Cirque du Soleil in the acquisition of a 20% stake by Istithmar World and Nakheel, units of Dubai World. 
More
US$ Multi-Billion Dispute with US Utility
Represented a Canadian electrical utility company. More
US$ 4 Billion Investment Dispute
Represented various Canadian and foreign companies. More
Investment Dispute with Hungary
ICSID tribunal awarded Ogilvy Renault's clients US$ 83.8 million. More
Middle Eastern Distribution Contract Dispute
Represented a leading aircraft manufacturer. More
One Billion Euro Contract Dispute
Represented the Canadian acquirer of a German-based global railway manufacturing business. More
Publications
Impartiality and Arbitrator Bias: The View from Canada's 14 Jurisdictions
Canada's 14 federal, provincial and territorial jurisdictions, all of which have adopted the Model Law and the New York Convention, provide a sort of legal microcosm within which the question of arbitrator bias is addressed from a variety of perspectives. More
Battle of the Forms and Jurisdiction Clauses
Is it possible for a jurisdiction clause to apply to a contractual relationship even though the clause appeared in fine print on standard-form documents issued only after the initial offer and acceptance? More
The New York Convention: 50 Years
The New York Convention,[1] a key international arbitration instrument designed to facilitate the recognition and enforcement of foreign arbitral awards, was adopted in 1958 under the auspices of the United Nations. More
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
NAFTA Tribunal Dismisses UPS Claims Against Canada
An arbitral tribunal composed of Dean Ronald A. Cass, Yves Fortier, C.C., Q.C. and Judge Kenneth Keith recently ruled on an investment dispute opposing United Parcel Service of America Inc. and the Government of Canada. 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
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
Ensuring the Efficacy of Interim Relief in Aid of Arbitration in Quebec
Canada is one of the many jurisdictions that has adopted the 1985 UNCITRAL Model Law on International Commercial Arbitration. More
Media Highlights
Two Trends Flying High
Pierre Bienvenu is quoted in Lexpert magazine talking about the firm's strong international arbitration practice and how Canadian litigators are leaders in this field. More
Yves Fortier and Pierre Bienvenu Interviewed by La Presse
The Montréal daily La Presse published on February 7, 2008 an article on international arbitration featuring Yves Fortier and Pierre Bienvenu. More
UN's New York Convention Continues to Shine
Ogilvy Renault's International Arbitration team was proud to participate in the 11th IBA International Arbitration Day which took place at the Waldorf Astoria in New York City on February 1. More
Ogilvy Renault's International Arbitration Team Participates in 11th International Arbitration Day
Ogilvy Renault's International Arbitration team will participate in the 11th IBA International Arbitration Day taking place at the Waldorf Astoria in New York City on February 1. More
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 Shines in International Rankings
Named best law firm in Canada; a leader in Trade Mark law and the only Canadian firm to stand out in International Arbitration and Project Finance More
Ogilvy Renault Partner Named a World Leader by Global Arbitration Review
Ogilvy Renault LLP is proud to announce that Stephen L. Drymer, Partner, has been recognized by the Global Arbitration Review as one of the leaders among lawyers under 45 years old practicing in the area of international arbitration. 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
The Honourable Pierre A. Michaud Joins Ogilvy Renault
Ogilvy Renault announced today that the Honourable Pierre A. Michaud, Q.C., who until very recently was Chief Justice of the Quebec Court of Appeal, has joined the firm as counsel and will pursue his career in the field of national and international ... More
Contacts
Pierre Bienvenu
514.847.4452
pbienvenu@ogilvyrenault.com
Profile
L. Yves Fortier
514.847.4463
yfortier@ogilvyrenault.com
Profile
Stephen L. Drymer
514.847.4606
sdrymer@ogilvyrenault.com
Profile
