Printemps 2011 - ADR Institute of Canada

Message from theEditorial BoardMandy MooreOn behalf of the Editorial Board, Iwould like to welcome you to theSpring 2011 edition of the CanadianArbitration and Mediation Journal. Asthe Spring is bringing welcome changesoutdoors, it has also brought changesto the Journal’s Editorial Board. Injoining the Editorial Board and assumingthe position of Chair, I would liketo extend my sincere thanks to WilliamHorton for his dedication and tremendouseffort over the last four years asChair of the Editorial Board. His contributionto the Journal, like his contributionto the arbitration and mediationcommunity at large, has beenremarkable.The article by Morgan Fowler and ThomasGelbman on the public policy exception tothe enforcement of foreign arbitrationawards in Canada is an important read foranyone practicing in the area of arbitration.It highlights the strategic implications ofthis exception for both parties and arbitratorswhen framing an arbitration claim,granting relief, deciding in which jurisdictionto seek enforcement and in consideringthe available options to challenge enforcementof an award.This issue includes an article by MichaelSchafler and Norm Emblem analyzing theSupreme Court of Canada’s recent decisionin Seidel v. TELUS Communications Inc.which addresses the restriction of arbitrationclauses in consumer contracts in BritishColumbia. The decision has stirred updebate amongst those in the arbitrationcommunity, particularly given the heatedlanguage employed by both the majorityand the dissent. However, given thenarrow issue addressed in the decision,the ultimate impact of the decision onarbitration jurisprudence in Canada remainsto be seen.Delee Fromm’s article on emotional awarenessand negotiation provides a very interestingperspective on how practitioners canhone their negotiation skills by being attunedto their own emotional intelligenceand that of the other party, all with a viewto enhancing the level of success achievableby the practitioner for his or her client.This article reminds us that negotiationskills are not just limited to cognitivestrategies and techniques.Selma Lussenburg has authored an informativepiece on the NAFTA Advisory Committeeon Private Commercial Disputes, detailingits past work and where she anticipates theCommittee’s focus going forward.Michael Leathes’ article queries where thepractice of mediation will be in 10 yearstime by analyzing how mediation islearned, practiced and presented to its usersand how users needs have been changingand will continue to change over time.And while no longer serving as Chair, WilliamHorton continues to contribute to thisedition with his article entitled “Discovery”in International Arbitration. His articletouches upon the concerns of both partiesand counsel involved in international arbitrationsarising from the lack of any uniformunderstanding of the meaning andscope of the concept of discovery. Wherewill the IBA Guidelines on the Taking ofEvidence in International Arbitration takeus? How should arbitrators balance theparties’ right to a fair hearing which willinevitably require the disclosure of documentsfrom the other parties while maintainingthe hallmark efficiencies of the arbitrationprocess?On behalf of the Editorial Board, wehope you enjoy this issue of the Journal.We look forward to any feedbackthat you may have on this issue and anycontributions you would like to put forwardfor future editions.CorporateMembershipAdhésioncorporativeTo inquire about corporate memberships, please callJanet McKay, Corporate Membership Manager andManager of Business Development:Pour en savoir davantage sur les adhésions corporatives, veuillezcontacter Janet McKay, directrice de l’adhésion corporative etdirectrice du développement des affaires.416-487-4733 • 1-877-475-4353janet@adrcanada.caLe Journal canadien d'arbitrage et de médiation3