The Canadian Bar Association
ADR, Mediation

TCAS makes positive changes to international commercial arbitration

Toronto mediator and commercial arbitrator Marvin Huberman says proposed amendments to the International Commercial Arbitration Act (ICAA) will not only clarify the law but will also create a more meaningful and robust legal framework for conducting international commercial arbitrations in Ontario.

Huberman, chair of the Toronto Commercial Arbitration Society (TCAS) sub-committee on the Uniform Law Conference of Canada’s Uniform ICAA, tells AdvocateDaily.com the sub-committee was formed to consider and make recommendations to the province with respect to the new legislation.

“We felt there was a need to revise the ICAA because we identified some gaps that would cause problems for enforcement of international commercial arbitration awards in Ontario,” says Huberman, who is also a member of TCAS executive committee.

Amendments to the ICAA are part of the Ontario government’s omnibus Bill 218, which aims to reduce the regulatory burden on business through various enactments and amendments of other acts. The bill received first reading in early July.

“The TCAS subcommittee made a pitch to the Ontario government to revise that piece of legislation because part of our mission statement is to make Ontario a recognized world centre for international commercial arbitration,” Huberman says. “We want people from around the world who come here to enforce awards to feel confident and secure with the laws here.”

Arbitrator, mediator and subcommittee member William Horton says the implementation of the ULCC Uniform ICAA in Ontario “is one of the most important things the Ontario Government can do to promote and support the growth of Toronto as a centre for international arbitration.”

Huberman says TCAS' submission to change the ICAA is now going forward as a legislative amendment.

“Mission accomplished — good things are happening,” he says. “TCAS was effective in getting positive change made to the legislative landscape in Ontario with regards to international commercial arbitration.”

To read the final TCAS subcommittee report, click here.    

       

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