Searching Content indexed under Arbitration & Dispute Resolution by McCarthy Tétrault LLP ordered by Published Date Descending.
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Attornment Is A Shield, Not A Sword: The Court Of Appeal Disallows Plaintiff's Attempt To Bypass Service Ex Juris Rule
On June 12, 2019, the Court of Appeal of Alberta released its decision in Acciona Infrastructure Canada Inc v Posco Daewoo Corporation, 2019 ABCA 241
29 Aug 2019
The High Cost Of A Few Tweets: Grievor Loses Right To Collect Payment After Breaching Settlement Agreement
That case involved the breach of a previous settlement of the discharge grievances of Professor Rick Mehta.
27 Aug 2019
Neither Too Little, Nor Too Late: A Delayed Jurisdictional Challenge Finds Success
Article 16 of the UNCITRAL Model Law on International Commercial Arbitration (the "Model Law") provides a means for early resolution of disputes over the jurisdiction of an arbitral tribunal.
19 Aug 2019
L'affaire Instrubel se rend à la Cour suprême : ce que cela peut signifier pour l'arbitrage international au Canada
Le jugement que vient de rendre la Cour d'appel du Québec dans l'affaire Instrubel, n.v. c. La République Irakienne[
19 Jul 2019
Instrubel Goes To The Supreme Court: What This May Mean For International Arbitration In Canada
The recent pronouncement by the Court of Appeal of Québec in Instrubel, n.v. v Republic of Iraq [1] takes yet another step forward in judicial
18 Jul 2019
CIArb Issues Guidelines On Witness Conferencing
The Chartered Institute of Arbitrators (the "CIArb") recently released Guidelines for Witness Conferencing in International Arbitration
11 Jun 2019
The Corporate Identification Doctrine Clarified Through An Intervention In The Supreme Court Of Canada
A corporation is of course an abstract entity. It is a legal person, but can only act through human beings.
5 Jun 2019
A Class Divided Can Stand - Supreme Court Of Canada Holds That Businesses Cannot Piggyback On Consumers To Escape Arbitration Agreements
TELUS Communications Inc. v. Wellman, 2019 SCC 19, is a significant — if narrow — victory for freedom of contract, and for a disciplined approach to statutory interpretation. By a 5-4 majority,
15 May 2019
What's In A Rule? – The International Centre For Settlement Of Investment Disputes (ICSID) Proposal For Amendment Of The ICSID Rules [Part 2 Of 2]
On March 14, 2019, the ICSID released Working Paper #2 (an update to the original proposal for amendments to the ICSID Rules)
14 May 2019
What's In A Rule? – The International Centre For Settlement Of Investment Disputes (ICSID) Proposal For Amendment Of The ICSID Rules [Part 1 Of 2]
On August 2, 2018, the ICSID released their most comprehensive overhaul of the ICSID Rules in its history (the "Working Paper #1").
9 May 2019
Admission Or Admonishment? The Ontario Court Of Appeal Splits On Punitive Damages For Failing To Admit Liability
Recently in McCabe v. Roman Catholic Episcopal Corporation, the Ontario Court Appeal penned another chapter in the saga of when, why, and how, punitive damages should be awarded in Canadian law.
30 Apr 2019
The Chartered Institute Of Arbitrators v B And Others: The "Interests Of Justice" Exception To The General Obligation Of Confidentiality In Arbitral Proceedings
On March 7, 2019, Justice Moulder of the England and Wales High Court (Commercial Court) handed down the decision in The Chartered Institute of Arbitrators v B and others.
26 Apr 2019
Ontario Court Provides A Helpful Primer On Judicial Intervention In Arbitration Awards In Canada
In FCA Canada Inc. v. Reid-Lamontagne, 2019 ONSC 364, Justice Spies of the Ontario Superior Court of Justice provided a helpful overview of the current state of the law in Canada with respect to three core aspects of judicial intervention in an arbitration award.
15 Mar 2019
English Court Rejects ‘Warm And Friendly' Bias Claim Against Arbitrator In Costs Dispute
On January 30, 2019, Sir William Blair of the High Court of England and Wales (sitting in Commercial Court) handed down judgment in the case of Koshigi v Donna Union Foundation
28 Feb 2019
Can A Creditor Seize In Québec Monies Held In A Foreign Bank Account By A Third Party Domiciled In Québec On Behalf Of The Debtor
In Instrubel v Republic of Iraq, the Québec Court of Appeal ruled that the fact that funds were held in a foreign bank account by an agent domiciled in Québec ...
8 Feb 2019
Arbitrability Exception Struck Down
The District Court found that the threshold arbitrability question was to be resolved by the court.
8 Feb 2019
An Official Exception To Functus Officio: American Arbitrators Can Alter Their Own Ambiguous Awards
On November 28, 2018, in General Re Life Corp. v. Lincoln National Life Insurance, No. 17-2496 (2d Cir. 2018), the U.S. Second Circuit Court of Appeals joined the Third, Fifth, Sixth, Seventh
United States
28 Dec 2018
Changes To B.C. Labour Relations Code Proposed In Independent Review Panel Report
In February 2018, the British Columbia Minister of Labour, the Honourable Harry Bains, appointed an independent Labour Relations Code Review Panel (the "Panel"),
28 Dec 2018
If You Don't Invite Everyone To The Arbitration Party, You May Come to Regret It: ATS Automation Tooling Systems Inc. v. Chubb Insurance Company Of Canada
The dispute arose from damage to equipment worth $15,000,000 which had been sold by a subsidiary of ATS to a customer located in India.
17 Dec 2018
Jurisdiction Is, Well, Jurisdiction: In Up V Hungary The ICSID Arbitral Tribunal Refuses To Follow Achmea
The decision of the European Court of Justice ("CJEU") in Slovak Republic v. Achmea BV ("Achmea") held that intra-EU bilateral investment treaties ("BITs") ...
27 Nov 2018
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