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Dispute Resolution ? Litigation, Arbitration and Mediation
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Whether engaged in litigation before the court or in a private arbitration…
Whether involved in dispute over rights and obligations in the oil patch or in a shareholders oppression action…
Billington Barristers can provide experienced representation and advice.
We act for various parties in oil and gas industry disputes, including in respect to operating agreements, sales contracts, breach of obligations and accounting issues. Our litigation strategy is often combined with regulatory applications to maximize the range of remedies available for our clients.
We act for financial institutions in enforcement of security and in taking action against fraudulent activities.
Corporations and their directors are increasingly subject to claims arising from changes in the law, whether from increasing statutory liability, class actions or developments in the case law. We have experience in a wide range of commercial disputes as well as in corporate litigation, including shareholders oppression actions, derivative actions, court ordered investigations to determine if fraud may be occurring in a corporation and in claims of breach of trust and fiduciary obligation. We recognize that in these circumstances, litigation may be the only remaining recourse to protect your rights, and we recognize that there are times when the actions of others require you to respond to court action.
Not every corporate or commercial dispute requires litigation though.
Arbitrations are increasingly required in commercial contracts, by-passing the normal litigation process, and courts are moving to mediation as a compulsory component in most litigation. Let Billington Barristers assist in your arbitration and mediation needs.
Although not every case is suitable for arbitration or mediation, many matters can benefit from the streamlined procedures and rules of evidence that may be used in these alternate dispute resolution proceedings. Ultimately, they may be quicker and cheaper than litigation, and provide the parties with the advantage of being conducted privately, so there will be no disclosure of sensitive information on the public record.
Arbitration can also have the advantage of producing an arbitrator’s decision that can be registered in multiple jurisdictions in most developed nations around the globe, and then enforced in each jurisdiction on the same basis as a judgment of the local court.
Our experience includes acting in international commercial arbitrations, in Judicial Dispute Resolution conferences, and in private, local arbitrations and mediations.
Our firm is also experienced in Judicial Review Applications, where it is alleged that the arbitration has been conducted improperly or that an order has been granted that exceeds the jurisdiction of the arbitrator. These applications provide the oversight of the arbitration process by the Court to ensure that all rules are followed to ensure a fair arbitration proceeding.
Richard N. Billington, Q.C. is available to serve as an arbitrator in corporate and commercial disputes.
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Experienced Litigation Counsel |
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