The Globe and Mail today says researchers have found that offering a precise number, such as $4,925, resulted in a significantly more deferential counteroffer, due to the perception that a precise opening offer was more reasoned and informed. While this may be true, negotiators participating in principled negotiation, fostered in mediations, may be asked to […]
The CTA recently reviewed its list of arbitrators, using agency staff and an independent expert to assess prospective arbitrators against the qualification criteria. I have been reappointed to the list. Arbitrations are final offer arbitrations, sometimes known as “baseball arbitrations“.
QB ARBITRATION DECISION: A homeowner brought arbitration proceedings against a luxury homebuilder, and I issued an award. The builder then sued the homeowner to preserve a limitation period. The homeowner defended, counterclaimed and added a painter as a third party. He then argued that, because the builder attorned to the court’s jurisdiction, the court could re-open […]
ABQB says my arbitration award renders the issue of set-off res judicata. The court has discretion not to find or enforce res judicata flowing from an arbitral decision, but “it would not be appropriate to do so here.” The party arguing for set-off in court argued against set-off in the arbitration and prevailed. Permitting a […]
The ABCA has upheld an ABQB decision to stay proceedings by a 3rd party pending arbitration between others. See Yaworski v Gowlings, 2013 ABCA 21. The court can do this when it is just and equitable . “…arbitrations cannot be avoided by simply having a related party commence a lawsuit claiming relief with respect to arbitrable subject matter.” […]
As noted in my February 2012 Newsletter, Mahoney J declined to grant a DRP exemption in IBM v Kossovan. Word has it that the matter settled! Last week I conducted a mediation in a matter where Hall J declined to grant an exemption. Mediation resolved the dispute. I wonder if the cost of applications for […]
Clackson J in Lafarge Canada Inc. v Edmonton (City) 2012 ABQB 634 says a Statement of Claim “serves as a notice or as a commencing document, in compliance with s. 23 of the Arbitration Act.” He finds “there is no reason why a Statement of Claim cannot also constitute compliance with s. 23.” Further, “even […]
Decision making is mentally taxing and, if forced to keep deciding things, people get tired and start looking for easy answers. (The Economist) This suggests that frequent breaks in both mediation and arbitration should yield better results.
QB DECISION: Mahoney J refused to grant IBM’s application to waive the DRP provisions of the Rules in IBM Canada Limited v Kossovan. The court said: “The experience in this Court plus ample informed commentary suggests that requiring participation in an alternative dispute process leads to many settlements that would not otherwise occur.” “…the threshold for obtaining [exemptions] […]
“How we are treated—the fairness of the procedure—has as much to do with our satisfaction as the ulti-mate outcome.” (Sway: The Irresistible Pull of Irrational Behavior, Ori and Rom Brafman) ARBITRATIONS: Recent work includes interpretation of unanimous shareholder agreements, commercial rent renewal rates, bridge construction, Insurance Act appraisal, joint venture agreement interpretation, partnership agreement interpretation, […]