Case Management Approach
Gerry Ghikas uses the flexibility of arbitration procedures to control time and cost while ensuring that all parties have an opportunity to be heard. He is respectful of the role of counsel but also is a strong believer that the arbitration process should be managed in a way that is consistent with the priorities and procedural expectations of the parties themselves.
Much of the work required to ensure a fair and efficient process occurs at the beginning of the arbitral proceeding, during a Case Management Conference to identify appropriate procedural steps, the sequencing of those steps and a timetable for their completion. Often the parties have different perspectives concerning these matters. The preferred result is to establish a schedule that both parties consider to be fair and that is neither unrealistically optimistic nor unnecessarily prolonged. The schedule established through this consultative process should be subject to change only for good reason.
Disclosure Policy (Conflicts of Interest)
Unless the parties or the administering institution have specified other criteria, for the purposes of disclosure of circumstances that might give rise to justifiable doubts as to independence or impartiality, Gerald Ghikas will:
in general be guided by the IBA Guidelines on Conflicts of Interest, 2014
rely on and take into account the corporate and individual names of the parties or related persons or entities provided to him by the parties or the administering institution, and will not conduct his own investigations to identify other potentially related persons or entities.
Gerald Ghikas receives nominal, fixed, retirement benefits from Borden Ladner Gervais LLP as a retired partner of that firm. He does not, however, have access to its client or conflicts data base. As it has been more than three years since he was a partner of Borden Ladner Gervais LLP, Gerald Ghikas will not search for or disclose connections between that firm and any person.