* Suggested attendance in Toronto for those registered in Ottawa # Video Only Session attendance not required
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1 Toronto Commercial Arbitration Society Gold Standard Course in Commercial Arbitration 2017/2018 Course Outline Toronto: Arbitration Place, 333 Bay Street, Suite 900 Ottawa: Arbitration Place, World Exchange Plaza, 100 Queen Street, Suite 940 * Suggested attendance in Toronto for those registered in Ottawa # Video Only Session attendance not required *SESSION 1. INTRODUCTORY SESSION, (Bill Horton, Brian Casey, David McCutcheon) Saturday, September 16, 2017, 9 a.m. to 1 p.m. The Idea of Arbitration How it Differs from Other Forms of Dispute Resolution Benefits and Objectives of Arbitration Contexts in Which Arbitration is Used Ontario Legislation Relating to Arbitration Important International Instruments relating to Arbitration Introduction to Institutional Rules (Video Supplement: Arbitration the Quiet Triumph, Stockholm Chamber of Commerce) SESSION 2. ARBITRATION AGREEMENTS (Bill Horton, Joel Richler) Wednesday, September 27, 2017, 7 p.m. to 9 p.m. The Agreement to Arbitrate Key Elements in Arbitration Agreements Institutional Clauses Ad Hoc Clauses SESSION 3. TRIBUNAL FORMATION (Joel Richler, Duncan Glaholt) Wednesday, October 11, 2017, 7 p.m. to 9 p.m. Tribunal Formation Arbitrator Qualifications
2 Options and issues in ad hoc arbitration Provisions of the Arbitration Agreement Practical Considerations when Tribunals are Formed Financial arrangements Arbitrator Interviews Institutions and Appointing Authorities SESSION 4. DRAFTING AN ARBITRATION CLAUSE Wednesday, October 25, 2017, 7 p.m. to 9 p.m. Exercise: Drafting an Arbitration clause SESSION 5. ARBITRATION ETHICS PART 1 (Louise Barrington/ Marc Goldstein/Bill Horton) Wednesday, November 8, 2017, 7 p.m. to 9 p.m. Arbitrator Interviews Conflicts of Interest Disclosure Obligations Discussion of Scenarios SESSION 6. ARBITRATION PROCEDURE (PART 1) (Janet Walker/ Bill Horton/ Stephen Morrison) Wednesday, November 22, 2017, 7 p.m. to 9 p.m. Sources of Procedural Rules International vs non-international procedure Procedural Options and Preferences First Procedural Meeting Procedural Order #1 *SESSION 7. ARBITRATION PROCEDURE (PART 2 Bill Horton/Joel Richler/Steve Morrison) Wednesday, December 6, 2017, 7 p.m. to 9 p.m. Exercise: Mock First Procedural Meeting with the Tribunal - 2 -
3 Discussion of Mock Exercise (Video Supplement: Focus on International Arbitration: John Terry and John Judge) SESSION 8. JURISDICTION (PART 1) (Earl Cherniak/Tom Heintzman) Wednesday, December 13, 2017, 7 p.m. to 9 p.m. Jurisdictional Challenges Preliminary Motions to Determine Jurisdiction Motions to Stay Litigation in Favour of Arbitration SESSION 9. JURISDICTION (PART 2) Wednesday, January 10, 2018, 7 p.m. to 9 p.m. Exercise: Writing a Decision on Jurisdiction SESSION 10. MOTIONS FOR EMERGENCY AND INTERIM RELIEF (JL McDougall/Stephanie Cohen) Wednesday, January 24, 2018, 7 p.m. to 9 p.m. Interim Relief from the Courts Interim Relief from the tribunal Interim Relief from Emergency Arbitrator Procedures and Standards for the Granting of Interim Relief SESSION 11. MOCK HEARING OF MOTION FOR PRELIMINARY RELIEF, Wednesday, February 7, 2018, 7 p.m. to 9 p.m. Exercise: Arguing and Deciding a Motion for Interim Relief SESSION 12. ARBITRATION ETHICS Part 2 (Sonia Bjorquist, Joel Richler and Bill Horton) Wednesday, February 21, 2018, 7 p.m. to 9 p.m. Right to Practice as Counsel in Arbitrations Right to Practice as Arbitrator Legal Culture and Arbitration Ethics Right of the Tribunal to Control Counsel Conduct - 3 -
4 Cost sanctions for misconduct Insurance for Arbitration Practice Ethical Issues re Arbitrator Compensation SESSION 13. ARBITRAL AWARDS (Brad Hanna and Bill Horton) Wednesday, March 7, 2018, 7 p.m. to 9 p.m. Types of Awards and Decisions Formal Requirements of an award Substantive Requirements Fairness issues Dealing with Costs and Interest Tribunal Dynamics (Video Supplement: Hon. Ian Binnie, Stephen Morrison, Bill Horton) SESSION 14. APPEALS FROM THE AWARD (Joel Richler/Alex Gay) Wednesday, March 21, 2018, 7 p.m. to 9 p.m. Availability of an Appeal Scope of Appeal The Leave to Appeal Process (where applicable) Standard of Review on Appeal Appeal Outcomes Reform of Arbitration Appeals: a Broader Perspective #SESSION 15. SETTING ASIDE AND ENFORCEMENT OF AWARDS (Bradley Berg and John Terry) Wednesday, April 4, 2018, 7 p.m. to 9 p.m. International vs Non-International Awards Setting aside awards International Enforcement of Awards - 4 -
5 Enforcement of Awards within Canada Note: Initial materials for the Final Award Writing Exercise will be distributed on this date. #SESSION 16. ADVOCACY IN INTERNATIONAL ARBITRATION (Doug Jones, Peter Rees, Tom Webster, Bill Horton) Wednesday, April 18, 2018, 7 p.m. to 9 p.m. How does effective advocacy differ in international and non-international arbitration Dealing with differences in legal culture Presentation of Evidence Cross-examination Proof of applicable law Note: Second set of materials for the Final Award Writing Exercise will be delivered on this date. #SESSION 17. INVESTMENT ARBITRATION (Matt Kronby/Robert Wisner) Wednesday, May 2, 2018, 7 p.m. to 9 p.m. Introduction to Investor State Arbitration Key Obligations in Investment Treaties Criticism and Calls for Change Note: Final Material for the Final Award Writing Exercise will be delivered on this date and final awards will be due at 9 am on May 9, *SESSION 18. CONCLUDING SESSION (Bill Horton and Joel Richler) Saturday, May 12, 2018, 9 a.m. to 1 p.m. Discussion of award writing exercise The Arbitration marketplace Development of an arbitration career - 5 -
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