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1
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
Canada
29 Aug 2019
2
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.
Canada
27 Aug 2019
3
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.
Canada
19 Aug 2019
4
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[
Canada
19 Jul 2019
5
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
Canada
18 Jul 2019
6
CIArb Issues Guidelines On Witness Conferencing
The Chartered Institute of Arbitrators (the "CIArb") recently released Guidelines for Witness Conferencing in International Arbitration
Canada
11 Jun 2019
7
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.
Canada
5 Jun 2019
8
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,
Canada
15 May 2019
9
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)
Canada
14 May 2019
10
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").
Canada
9 May 2019
11
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.
Canada
30 Apr 2019
12
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.
Canada
26 Apr 2019
13
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.
Canada
15 Mar 2019
14
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
UK
28 Feb 2019
15
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 ...
Canada
8 Feb 2019
16
Arbitrability Exception Struck Down
The District Court found that the threshold arbitrability question was to be resolved by the court.
Canada
8 Feb 2019
17
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
18
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"),
Canada
28 Dec 2018
19
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.
Canada
17 Dec 2018
20
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") ...
Worldwide
27 Nov 2018
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