Articles 2021

Today
Today

Revised ICSID Regulations and Rules: Official recognition of third-party funding’s popularity

  • June 22, 2022
  • Athanasios Papadas

International treaties commonly contain investment dispute resolution procedures. The International Centre for Settlement of Investment Disputes (ICSID) Rules are the most popular procedures chosen under these agreements. New amendments to these rules come into force on July 1, 2022, the first amendments since 2006. Key guidance regarding cost allocation, security for costs, and third-party funding are essential to arbitrators, counsel and parties embroiled in these critical disputes.

Alternative Dispute Resolution, Student Forum
Old-fashioned sepia ad with picture of car and slogan 'this is not your father's Oldsmobile'

Preparing a Kick-Ass Mediation Brief

  • April 14, 2022
  • Stuart Rudner

The digital age has changed the capabilities of how a mediation brief can read, look and feel. In this article, Stuart Rudner outlines some key strategies advocates can use when presenting their cases for mediation, which is one of the - if not the most - major steps in employment and civil disputes.

Alternative Dispute Resolution, Student Forum

The Standard of Review for Jurisdiction Decisions in International Commercial Arbitration – An Update on Recent Jurisdiction

  • April 08, 2022
  • Chloe Snider and Karin Kazakevich

Ontario and BC courts have recently taken conflicting approaches to the standard of review of jurisdictional decisions in international commercial arbitration under the UNCITRAL Model Law. In this article, Chloe Snider and Karin Kazakevich explore this case law in detail, including the theoretical differences between the correctness standard and a hearing de novo.

Alternative Dispute Resolution, International Law, Student Forum

Ratcheting in Representative Negotiation

  • March 31, 2022
  • Matthew Gordon

Pre-existing offers, contracts and settlements can increase parties' expectations, often to unreasonable or unrealistic levels, leading to a ratcheting effect that can reset a market or scupper a negotiation. In this article, Matthew Gordon looks at the ways a properly assessed market sample, in the context of parties' realities and emotions, can contribute to a productive resolution of a difficult dispute.

Alternative Dispute Resolution, Student Forum

Managing Different Insurers' Interests at Global Mediation

  • February 22, 2022
  • Joseph Sullivan

In a global mediation of an insurance claim, there are often three different insurers: tort, accident benefits, and long-term disability. Each may bring a different perspective to the table, as well as a different timeline and different underlying interests. In this article, experienced insurance mediator Joseph Sullivan explains some of the main issues that arise in these global settlement scenarios.

Alternative Dispute Resolution, Student Forum

Committing to Settlement Work: Dropping the "A" from ADR

  • January 13, 2022
  • Ryan Osbourne

Ryan Osbourne, a collaborative family lawyer and mediator, discusses how his approach to thinking of settlement first in family law cases is part of a growing trend away from the courts.

Alternative Dispute Resolution, Student Forum

Welcome from the Chair and Vice-Chair

  • November 14, 2021
  • Mana Khami and Chloe Snider

An introduction to the Ontario Bar Association's ADR programming for the 2021-2022 year.

Alternative Dispute Resolution, Student Forum