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Searching Content indexed under Arbitration & Dispute Resolution by Marco P. Falco ordered by Published Date Descending.
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1
When Does ‘Final And Binding' Mean ‘Final And Binding'?
Under the SAA, 108 agreed to act as BGOI's sales agent for a horror film outside of North America for five years.
Canada
18 Sep 2019
2
Is Section 5(1)(a)(iv) Of Ontario's Limitations Act The New "Special Circumstances"?
When Ontario's Limitations Act, 2002 came into force in 2004, the Courts made serious efforts to ensure that the new two-year limitation period for most lawsuits was uniformally enforced.
Canada
23 May 2019
3
Why Canadian Courts Hesitate To Recognize "True Questions Of Jurisdiction"
Canadian Courts have always been reluctant to intervene in arbitral decisions. Judicial intervention in an arbitration, either by way of a review or an appeal from the arbitral award, undermines the efficiency of the arbitration process.
Canada
27 Mar 2019
4
Defendant Knows Best: Reliance On An Expert's "Superior Knowledge" As A Basis For Postponing The Limitation Period
One of the ways a limitation period can now be postponed in Ontario occurs where a plaintiff relies on the "superior knowledge" of the defendant who is seeking to remedy the plaintiff's loss.
Canada
21 Feb 2019
6
Section 5(1)(a)(iv) of the Ontario Limitations Act: Not the Broad Provision We all Assumed it to Be
Section 5(1)(a)(iv) of the Ontario Limitations Act, 2002, S.O. 2002, c.24, Schedule B (the "Act") postpones the running of the limitation period where the plaintiff is yet unaware that a legal proceeding would be an "appropriate means" to seek to remedy her loss.
Canada
9 Oct 2018
7
When is an International Arbitration Award "Binding" for the Purposes of Domestic Enforcement?
Successful parties who engage in international commercial arbitration will inevitably want to have the arbitral award recognized and enforced in Ontario. Like its statutory predecessor, the recent International Commercial Arbitration Act, 2017, S.O. 2017, c.2, Schedule 5 (the "ICAA") provides a mechanism for the recognition and enforcement of such awards domestically.
Canada
26 Jul 2018
8
Deference, Deference, Deference: The Effect of Teal on the Standard of Review Applied to Insurance Arbitration Awards
In Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32, the Supreme Court of Canada drew an important distinction between how the standard of review is applied in appeals from civil matters, as opposed to appeals from an arbitral award.
Canada
29 May 2018
9
Why Appealing Commercial Arbitration Awards Is An Uphill Struggle
The purpose of commercial arbitration is to bring certainty and finality to a dispute without the need for court intervention.
Canada
27 Mar 2018
10
Appealing A Stay Of Your Arbitral Award? Make Sure You're In The Right Place
After an arbitral award has been issued in a commercial dispute, the parties have limited rights to appeal the award or bring an application to set it aside under the Ontario Arbitration Act, 1991, S.O. 1991, c.17.
Canada
8 Feb 2018
11
Want to Appeal a Commercial Arbitration Award? Make Sure You Secure Broad Rights of Appeal.
One of the main purposes of commercial arbitration is to provide the parties with a final and binding resolution of their dispute.
Canada
14 Nov 2017
12
Appealing Arbitration Awards: Why The Courts' Role Is Limited
When parties arbitrate a dispute, as opposed to pursuing litigation in the Courts, there is an understanding that the arbitration should bring the matter to an end.
Canada
16 Aug 2017
13
The "Purposive" Approach To Statutory Interpretation: What Does it Mean?
To understand the meaning of words in a statute, Courts have to understand the statute's intent.
Canada
8 Nov 2016
14
Reasonableness Standard Affirmed In Insurance Case
Canadian courts are showing increasing deference to the decisions of arbitrators.
Canada
4 Nov 2016
15
Why Do Appeal Courts Defer To The Decisions of Commercial Arbitrators?
When parties to a contract agree to have their disputes resolved by a commercial arbitrator, they choose to limit the Courts' powers of review. Placing their faith in the arbitrator, the parties select a private forum in which to decide issues of contractual interpretation.
Canada
16 Aug 2016
16
Supreme Court Of Canada Limits Ability To Appeal Arbitral Interpretations Of A Contract
The Supreme Court of Canada has limited the ability of commercial parties to appeal an arbitrator's interpretation of a commercial contract.
Canada
13 Aug 2014
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