Arbitrators and Mediators
The use of arbitration to resolve commercial disputes, especially in disputes involving international aspects, offers parties the advantage of predictability, as it allows them to determine in advance which forum will hear their potential arguments. It is also generally a faster solution than resorting to national courts.
Mediation is a valuable tool in finding an advantageous solution to disputes outside the constraints of the win / lose legal process. In the context of pending cases, mediation provides a flexible and confidential process that gives all parties the power to decide (often at a stage well in advance of litigation) whether to settle and according to the terms chosen by the parties themselves.
The members of our team have expertise and an enviable reputation in the fields of mediation and national and international commercial arbitration, both in the conduct of proceedings before arbitral tribunals and in the setting up of novel settlement agreements.
A former judge of the Supreme Court of Canada and New Brunswick Court of Appeal, Mr. Bastarache has decades of experience in all areas of law, having participated in 680 cases and rendered 143 decisions at the Supreme Court, including several on commercial law. Often tasked as an independent commissioner by governments within the framework of public enquiries, Mr. Bastarache can skilfully navigate complex and multi-party cases, including in the context of high-stakes negotiations between private and public actors. In any litigation or dispute, Mr. Bastarache is the go-to person to act as a mediator or arbitrator.Reserve
Mr. Whitehall has considerable experience in all areas of civil litigation. As a senior lawyer in the federal public service, Mr. Whitehall has defended many important national and international arbitration cases on behalf the Government of Canada. He was appointed to the Canadian Committee of the International Chamber of Commerce in addition to being a member of the Arbitration and Mediation Institute of Canada. Mr. Whitehall is an expert in helping parties shape novels agreements to resolve complex disputes.Reserve