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CANADA Arbitration Place 49 Professional or ethical rules applicable to counsel Are specific professional or ethical rules applicable to counsel in international arbitration in your country? Does best practice in your country reflect (or contradict) the IBA Guidelines on Party Representation in International Arbitration? The conduct of Canadian counsel is regulated by the rules of professional conduct of the respective provincial law societies. Foreign counsel and arbitrators may appear in Canadian-seated arbitrations without restriction. While there has been some ambiguity on the scope of some provincial law society rules, Ontario’s law society has recently confirmed that its professional rules do not affect foreign arbitration practitioners with cases in that province. British Columbia and Quebec also enacted regulations to the same effect. 50 Regulation of activities What particularities exist in your jurisdiction that a foreign practitioner should be aware of ? Foreign counsel and foreign arbitrators arriving for an international arbitration seated in Canada must possess the normal travel documents from their country of origin, which may include a visa. A Canadian work permit would not normally be required to appear on a single case. A foreign arbitration practitioner entering Canada is advised to carry a letter of invitation confirming that their attendance in Canada is necessary for the conduct of a Canada-seated arbitration. Foreign counsel and foreign arbitrators in an international arbitration are generally not subject to applicable valueadded taxes. John Judge Daniel Dawalibi Bay Adelaide Centre, 333 Bay Street, Suite 900 Toronto Ontario M5H 2T4 Canada jjudge@arbitrationplace.com ddawalibi@arbitrationplace.com Tel: +1 416 848 0203 Fax: +1 416 850 5316 www.arbitrationplace.com 74 Getting the Deal Through – Arbitration 2016 © Law Business Research 2016
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Arbitration

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