January 13, 2023
Carbert Waite LLP Partner, Curtis Marble, recently contributed to IR Global.
In the article titled “Where you sit affects the view: how to choose the seat of arbitration,” Curtis discusses the importance of selecting the right “place” (or legal territory) of arbitration and why Alberta should be on the list when considering the seat of international commercial arbitration
As Curtis explains, “the seat is not necessarily where the arbitration will physically occur” but rather the legal place that will be used to govern the arbitration. The lex arbitri, or the law of arbitration, is the law the parties choose to govern the arbitration. Commercial lawyers and dispute counsel should carefully consider the seat as issues might occur if the parties are unclear about which law is their “lex arbitri.”
While there are various theories about the levels of importance of the “seat,” Curtis describes why it is essential. As he explains, local courts assist in determining specific issues that may arise during the arbitration process or can take steps to enforce a decision. Consequently, these actions will impact the arbitration outcome.
When selecting a “seat,” Curtis points out key factors that could help clients avoid risk, including ensuring the selection of an arbitration-friendly jurisdiction.
To conclude, Curtis explains why Alberta should be considered the seat of arbitration. As he mentions, the province is well-advanced in the governance of arbitration proceedings. It offers experienced commercial counsel and a sophisticated judiciary, making it the right seat for international arbitration.
The complete article is available on IR Global website.
About Curtis Marble
Curtis is a partner at Carbert Waite LLP, Fellow of the Chartered Institute of Arbitrators, and Co-Chair of the firm’s Commercial Litigation Practice. Curtis has extensive experience in commercial litigation and arbitration matters, including international arbitration and litigation, defamation and estate litigation.
About IR Global
IR Global is a multi-disciplinary professional services network that provides world-class legal, accountancy and financial advice to individuals and companies across 155 jurisdictions. To learn more about IR Global visit their website here.