A VIEW FROM THE CENTRE

By Elsa Sardinha*

We live in an era of increasing transborder and transnational transactions, which may involve multiple parties and generate complex contractual and commercial disputes in need of resolution. Against this backdrop, Vancouver remains a vibrant and attractive forum to facilitate the resolution of such disagreements, not least because of the rich breadth of available intellectual resources and the accessibility of the city, in particular with respect to disputes arising in the Asia-Pacific region. Lying at the vanguard of transnational and domestic alternative dispute resolution, the Vancouver International Arbitration Centre (“VanIAC”) offers efficient dispute resolution mechanisms, tailor-made to handle disputes of any size or complexity.

ICCA-VanIAC ENERGY CONFERENCE JUNE 2, 2023

On June 2, 2023, VanIAC and the International Council on Commercial Arbitration (“ICCA”) will host a conference on “Energy Infrastructure Disputes and Arbitration: Today and Tomorrow” at the Vancouver Convention Centre (information and registration are available on VanIAC’s website: <vaniac.org>).

The event is co-chaired by Tina Cicchetti (independent arbitrator), Craig Chiasson (Borden Ladner Gervais LLP) and Joe McArthur, FCIArb (Blake, Cassels & Graydon LLP). It promises to be an informative event, with excellent networking opportunities. Arbitration practitioners, industry participants, arbitrators and academics will converge on Vancouver from across Canada and the globe, joined by Vancouver’s local talent. Distinguished speakers will include Lucy Reed, Laura Cundari, Doug Jones AO, Dr. Ezra Jampole, Miguel Lópex Forastier, Chantal-Aimée Doerries, K.C., Raëd

Fathallah, Constantine Partasides, K.C., Michelle MacPhee, Wesley Pang, Maria Chedid, RoseAnne Archibald, Alison FitzGerald, Jim Morrison, Vasuda Sinha, Abby Cohen Smutny, Ellis Ross, Jung Lee, Kate Brown de Vejar, Tina Cicchetti and Joe McArthur.

The conference agenda includes discussions relating to how clean energy and climate change are transforming construction disputes, predictions on new substantive areas of dispute and procedural solutions in international energy arbitration, and the scope there may be for third-party interests to be taken into consideration in energy infrastructure disputes between commercial parties. There will also be a debate about fuelling the future versus saving the planet with respect to the extraction of critical minerals required to power “clean” technologies from electrical vehicles to wind turbines and solar panels.

ABOUT VanIAC

VanIAC has been a leading arbitral institution for nearly 40 years. In July 2022, VanIAC amended its International Commercial Arbitration Rules to reflect the state-of-the-art for efficient and effective arbitral practice. VanIAC’s Domestic Arbitration Rules were revised in 2020, which coincided with British Columbia’s newly adopted Arbitration Act (domestic), its International Commercial Arbitration Act having been updated and adopted in 2018.

Vancouver provides a welcoming environment for international arbitration on the west coast of North America. With over 300 international and 90 U.S. flight arrivals per week, including non-stop access to over 120 destinations, and a mere 20-minute train or taxi ride to downtown from YVR airport, Vancouver has global appeal. VanIAC changed its name (formerly, the British Columbia International Commercial Arbitration Centre (“BCICAC”)) in 2020. Vancouver’s thriving business and trade, along with its geographic and multi-cultural advantages, make it an ideal place for arbitration hearings. As readers know, Vancouver’s downtown core is compact and walkable, with stunning ocean and mountain views.

VanIAC provides efficient, flexible and impartial administration of arbitration and other ADR proceedings, regardless of location, and under any system of law. VanIAC has access to experienced arbitrators, mediators and experts from many jurisdictions, with a wide range of expertise. The international nature of VanIAC’s services is reflected in the impressive list of arbitrators publicly available on its website. VanIAC’s dispute resolution services are available to all contracting parties, without any membership requirements.

VanIAC’s case administration fees are modest and its administrative touch light to provide efficient and cost-effective services. Expedited procedures are available at flat fees for disputes of lower value. VanIAC also provides standalone arbitrator appointment services for a flat fee of $750.

The advantages of using VanIAC in a domestic or international dispute are manifold. Its procedures are flexible and remain firmly within the control of the parties. The litigation process can be lengthy and costly from a business perspective, pending the final resolution of a dispute that could take years. VanIAC’s arbitral processes are capable of providing a viable and attractive alternative to traditional litigation, including efficient and effective dispute resolution. The process under VanIAC’s rules supports retaining confidentiality over arbitral proceedings, a commonly sought benefit for many participants.

As mentioned above, VanIAC has a comprehensive roster of commercial arbitrators and mediators whose backgrounds range from arbitrationspecific expertise to former judges and to other professionals with specific subject-matter experience, including accountants, appraisers, architects and engineers.

These factors, and many others that can be found in VanIAC’s domestic and international arbitration rules, facilitate attaining finality in the resolution of parties’ disputes.

VanIAC also administers domain name disputes through its Canadian International Internet Dispute Resolution Centre.

About The Author

After 14 years developing my Canadian and international arbitration expertise in The Hague, London, Singapore, Washington, D.C., Paris, Vancouver, Toronto and Montreal, I am delighted to take the helm at VanIAC, in my hometown of Vancouver, as Secretary-General and Managing Director. I was appointed to the role on February 1, 2023 by VanIAC’s board of directors, which is chaired by Joe McArthur and also includes Ludmila Herbst, K.C., Sarah McEachern, Jayde Wood, David Gruber, FCIArb, Peter Senkpiel, Alexandra Mitretodis, Professor Bradford Morse, Joanne Luu and Ken Duke. Laura Cundari, FCIArb, Suzanne Anton, K.C., and Adam Foley also served on the board until April 11, 2023.

As legal counsel at other leading arbitral institutions in London and The Hague, together with experience as both tribunal secretary to preeminent international arbitrators and as an independent arbitrator myself, I bring to VanIAC extensive dispute resolution experience and knowledge of arbitration procedure and practice. I have provided in-depth administrative and substantive assistance to tribunals and disputing parties in some of the world’s most complex commercial and investment disputes, concerning a range of legal systems and industries. I am familiar with the arbitral process under all the major arbitration rules and institutions. I have directly assisted in the appointment of arbitrators and challenges to their independence and impartiality.

The approach to arbitration I bring to VanIAC is one that reflects realworld, industry-specific sensibilities, and an insider’s view of efficient and cost-effective arbitral process and decision-making. A properly managed arbitration—by arbitrators and arbitral institutions with strong substantive and managerial expertise, who treat both sides fairly while remaining decisive—is faster and less expensive than litigation. Arbitration provides confidentiality, a bespoke and largely party-driven timeline, and a binding and enforceable final award. I also bring to VanIAC a wide network of key contacts in law, government and business, which will be instrumental in raising awareness of VanIAC and confidence in the quality of its appointed arbitrators and case administration services.

I began my legal career as a litigation associate at Borden Ladner Gervais LLP in Vancouver after clerking at the Court of Appeal for Ontario in Toronto. I am delighted to be able to contribute to the success of both Vancouver’s and Canada’s arbitration communities in this exciting new role.

The Promotion Of Domestic And International Commercial Arbitration In Vancouver

We are in a busy period for VanIAC’s educational outreach and marketing efforts, promoting domestic and international commercial arbitration:

•On January 26, I attended the “Economic Outlook Forum 2023”, hosted by the Greater Vancouver Board of Trade and Scotiabank.

•On March 1, I moderated a webinar discussion on “Efficient International Commercial Arbitration”, featuring VanIAC board directors Ludmila Herbst and Alexandra Mitretodis, and California arbitrators Dan Welch and Thomas Hanrahan.

•On March 13–17, as VanIAC’s representative, I participated in the California Arbitration Week in Los Angeles.

•On April 26, I gave a presentation at a full-day Continuing Legal Education Society of British Columbia webinar focused on effective Indigenous business development. Topics included an introduction to domestic commercial arbitration in British Columbia as an alternative to courts, VanIAC’s model arbitration clause for the dispute resolution provision of any commercial contract (tailored to include culturally relevant traditions such as opening/closing ceremonies, hearings on Indigenous lands or whatever elements are important to a particular Indigenous party), and careers in arbitration for Indigenous lawyers in British Columbia, across Canada and abroad.

•Also on April 26, I participated in the CBA Intellectual Property Conference in Ottawa.

•On May 5, I was interviewed by Young ArbitralWomen Practitioners for their series “Meet the Arbitral Institution”.

Please visit <www.vaniac.org> and our LinkedIn page for more information about upcoming events. In addition to the VanIAC/ICCA Energy Conference on June 2, 2023 in Vancouver, join VanIAC at the Aboriginal Law Forum Retreat on June 23–25, 2023 at the Tigh-Na-Mara Resort in Parksville and the Intellectual Property Institute of Canada Conference on October 11–13, 2023 in Winnipeg, Manitoba.

We are most honoured to announce that Norman Chow has joined our firm as associate counsel. Norman brings his extensive solicitor’s practice to Redpoint, where he will continue to provide his unwavering commitment, learned advice and exceptional talent to his business, developer, secured lending and estate clients. Welcome, Norman!

All of us at Redpoint Law LLP are excited to announce that we are opening a full service solicitors’ office in Kelowna, B.C., in the summer of 2023. Our partner Scott McInnes will be the “boots on the ground” for Redpoint and will be providing the firm’s solicitors’ practice right from beautiful downtown Kelowna. We are proud to bring our trusted legal advice to the local residents and businesses of the Okanagan.