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prefers having one arbitrator instead of three in order to avoid scheduling dif- ficulties among panel members. Leon says specifying qualifications is a balancing act since it may unnecessar- ily complicate the process if the require- ments are either too general or too spe- cific. "You may get somebody who is an expert in a narrow field, but they may have no ability to conduct a case effi- ciently." Additionally, he says, having a clause that is overly broad — such as one that calls for someone with knowl- edge of computers — can simply lead to disputes as the parties argue over what that means. "The important thing for an arbitration is you want someone who has good judgment [and] who can conduct a hearing efficiently." Of course, it was in part the quali- fications of the arbitrator that were behind one of the more prominent recent disputes over an arbitration clause to end up in Canadian courts. In that case, Xerox Canada Ltd. v. MPI Technologies Inc., an Ontario Superior Court judge had the task of decid- ing whether an ICC arbitration panel had exceeded its jurisdiction in mak- ing an award. In its claim to set aside the award, Xerox argued the trio of arbitrators erred not only in including U.S.-based MPI's parent company in France in the case, but also in consider- ing the findings of a panel member with technical expertise related to what was a copyright dispute over the use of soft- ware. It faulted the arbitrator for engag- ing in "extra-judicial investigations" by conducting his own research into the issues raised in the case, something it claimed rendered him an "expert on the panel" rather than a neutral party. The judge disagreed, ruling instead that one of the key purposes of having arbitrators with technical knowledge is for them to apply it to the case at hand. Richler, who acted for Xerox, says although the result was unfavourable to his client, the court litigation never ntitled-3 1 had much to do with the process of the arbitration itself. Advocates for inter- national arbitration further say despite such cases and the fact that handling disputes that way can sometimes cost as much as going to court, the process still has several advantages. "The key thing when you're doing things internation- ally is you want an award that's going to be enforceable," says Leon, adding Litigation Services Win More … Spend Less What e-discovery software is your counsel using? Insist on LexisNexis® E-Discovery Solutions — fast, effi cient, reliable. • LAW PreDiscovery™ Reduce processing and review costs by up to 80%. • Concordance® FYI™ — Control outside counsel review costs with real-time, remote access to your data. Find out how LexisNexis e-discovery solutions can help you control your litigation costs. Call 1-800-668-6481 or email litigationservices@lexisnexis.ca. and Concordance® — LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under licence. Concordance is a registered trademark, and PreDiscovery and FYI are trademarks, of Applied Discovery Inc. © 2009 LexisNexis Canada Inc. All rights reserved. INHOUSE AUGUST 2009 • 19 6/25/09 2:23:33 PM