Glowing review for Huberman's book on commercial arbitration

By Staff

Toronto litigator and commercial arbitrator Marvin Huberman tells he’s gratified by the response to his recently released book.

“The feedback has been great,” says Huberman, the editor of A Practitioner’s Guide to Commercial Arbitration, adding the book was intended to be very practical.

“It covers the whole gamut from intake to post-award issues,” he says. “Experienced people, as well as novices in the area who I have consulted, have found it very useful.”

Huberman lays out his goals in the preface to the book:

“I hope this book will (1) dispel the notion that one size fits all in dispute resolution, especially in commercial arbitration, (2) evoke a greater interest in commercial arbitration and help move us toward full realization of its promise as a means of effective dispute resolution and (3) serve as a practical guide for all those who have an interest in or are passionate about commercial arbitration,” he wrote.

“This book achieves these goals,” says renowned Canadian arbitrator Barry Leon in a glowing review in the latest edition of The Advocate.

Leon, who recently took up a position as judge of the Commercial Division of the Eastern Caribbean Supreme Court, says in the review that despite the growing popularity of arbitration, he commonly hears complaints from parties involved in domestic or international arbitration that it was less effective, slower and more expensive than they had been led to believe.

“Importantly, it provides an opportunity for parties, counsel and arbitrators in B.C. and across Canada to make fundamental changes in their approach to arbitration that should go a long way toward enabling them to achieve the promise of arbitration,” Leon writes. “The book articulates how to approach and conduct an arbitration to achieve arbitration’s potential, or at least to maximize the changes of doing so.

“Marvin Huberman and the book’s authors have made an important contribution to arbitration literature in Canada and to the practice of arbitration in Canada and by Canadians. All those involved in the arbitral process, and in dispute resolution more broadly, would be well advised to take on board the teachings of these Canadian thought leaders in arbitration,” he added.

Huberman says the key to effective commercial arbitration can be boiled down to two key areas.

“First, is to design the process for the individual file, which must be tailor-made according to the needs of the parties,” he explains.

“Once the parties agree on how the arbitration is going to proceed, the focus shifts to case management, which requires collaboration between the arbitrator, the parties and counsel to achieve an effective, efficient and fair result, with a durable and robust award that’s enforceable.”

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