Searching Content indexed under Litigation, Mediation & Arbitration by Barry Leon ordered by Published Date Descending.
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Determined To Make The Horse Drink
At least one justice of the English Court of Queen's Bench seems determined to prove incorrect the old adage 'you can lead a horse to water but you can't make it drink.'
19 May 2009
An Arbitration Gone Bad - Not Arbitration Gone Bad
Periodically, a litigator or a corporate counsel will complain about a bad experience in arbitration, and go on to say that as a result he or she will no longer agree to arbitration.
4 Mar 2009
Dispute Resolution In The Recession
RECESSIONS PRODUCE a boom in disputes — and in the past have produced a correspondingly increased volume of litigation.
16 Feb 2009
Will Supreme Court Of Canada Hear High-Profile International Arbitration Case?
The pending Supreme Court of Canada leave to appeal application in Yugraneft v. Rexx Management is, in our view, not only of national importance but of international importance.
17 Dec 2008
The Canadian Position: Can Parties To An Arbitration Agreement Vary The Statutory Scope Of Judicial Review Of The Award?
The U.S. Supreme Court issued its decision in Hall Street Associates, L.L.C. v. Mattel, Inc. on March 28, 2008.
14 Sep 2008
A Wake-Up Call: It´s Time To Protect Investment
Key investment-protection features in the 3,000 investment treaties that bind much of the world are under attack, and no one seems to be taking the necessary steps to protect these important features.
10 Jul 2008
Arbitration Clause Checklist
This checklist does not stipulate what is best in all cases (no single option could serve all situations); rather it is intended to be used as its name indicates -- as a checklist to help ensure that all relevant issues are considered, adequately and on a timely basis, in the process of negotiating and drafting a commercial arbitration clause.
23 Jun 2008
Focus On Alternative Dispute Resolution - Court Endorses ‘Med-Arb’ But Questions Remain
The Ontario Court of Appeal has advanced the pursuit of more efficient and cost-effective dispute resolution by confirming that agreements to engage in the combined mediation/arbitration process known as “med-arb” will be enforced.
23 Apr 2008
Place Of Arbitration Critical To Compelling Pre-Hearing Evidence From Non-Parties
The importance of the place of arbitration to obtaining evidence for an international arbitration is highlighted by the contrasting outcomes of three court decisions from three different parts of the world: Canada, England and Hong Kong. In each case, the court was asked to assist in the taking of pre-hearing disclosure evidence from a non-party for an international arbitration.
19 Jul 2007
Enforcement Of Foreign Non-Monetary Judgments
In late 2006, the Supreme Court of Canada decided that foreign non-monetary judgments should be recognised and enforced by all Canadian courts in appropriate circumstances.
6 Jun 2007
International Arbitration Should Continue To Grow As It Did In 2006
The momentum from the considerable attention focused on international arbitration in Canada in 2006 is continuing in 2007.
21 Mar 2007
Picking Your Judge Is Not So Radical
In a recent article, columnist and lawyer Karen Selick proposes what she terms a "radical solution" and suggests that litigants should be free to pick their judge (The Globe and Mail "Comment", Nov. 15, page A25).
20 Dec 2006
Safe To Apologise: New Law In British Columbia
The province of British Columbia is the first Canadian jurisdiction to introduce a law providing a safe harbour for apologising. The BC Apology Act1 took effect on 18 May 2006.
8 Nov 2006
A Road Not Taken: Canadian Court Misses Opportunity To Confirm That Patent Disputes Are Arbitrable
Canadian courts have, in numerous recent decisions, consistently reaffirmed their support for arbitration and indicated a strong judicial policy favouring arbitration.
27 Sep 2006
Court Should Have Declared IP Arbitrable
Barry Leon and Jana Stettner look at a decision where the court could have made an important determination about how patent disputes are arbitrable.
25 Sep 2006
Canada on the World Stage in International Arbitration
Canada has garnered increasing attention in recent years in the world of international arbitration. This year will see that attention expand, strengthening the platform for significant growth.
21 Jul 2006
Special Considerations When a State Is a Party to International Arbitration
The number of international arbitrations in which states and state entities are parties (state-party arbitrations) has increased considerably in recent years, and is continuing to grow.
26 May 2006
A Canadian Perspective: Choice of Law and Choice of Forum
Canadian law with respect to choice of law and choice of forum favors party autonomy, particularly in international business-to-business contracting. In the contexts of these aspects of choice, only infrequently do Canadian courts act to limit party autonomy.
26 May 2006
Canada a Major Player in 2006 for International Arbitration
Canada has garnered increasing attention in recent years in the world of international arbitration. In 2006, we should see that attention expand, strengthening the platform for significant growth.
15 Feb 2006
New Swords and Shields: The Canadian Regulatory Approval Process and Novel Claims and Defences in Product Liability Litigation
The regulatory approval process for biologics, pharmaceuticals and medical devices continues to give rise to novel claims and defences against manufacturers and regulatory authorities in Canada. This article highlights recent court decisions and pharmaceutical product liability issues.
9 Nov 2005
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