Baker McKenzie’s Arbitration Yearbook 2018-2019 Edition
Click here for the chapter on Canada in the 2018-2019 Arbitration Yearbook.
Arbitration News from Canada
Baker McKenzie International Arbitration Yearbook 2019-2020 – Canada
CANADA
Matthew Latella and Christina Doria
A. LEGISLATION AND RULES
A.1 Legislation
International arbitration in Canada is, for the most part, a matter of provincial jurisdiction. Each province...
Canada: Ontario Court of Appeal invalidates arbitration clause requiring arbitration in foreign jurisdiction
In its first decision of 2019, the Ontario Court of Appeal has overturned the lower court’s decision in Heller v. Uber Technologies Inc., 2019...
Canada: Alberta Court of the Queen’s Bench still split on whether it has jurisdiction...
When multiple international commercial arbitration proceedings are initiated between the same parties, does the court have jurisdiction to consolidate the proceedings without the consent...
The New NAFTA – the United States-Mexico-Canada Agreement (USMCA) Brings Future Changes to ISDS
On September 30, 2018, the United States, Mexico and Canada (the Parties) reached an agreement to replace the North American Free Trade Agreement (NAFTA)....
Canada: British Columbia modernizes its international commercial arbitration legislation
British Columbia is now the second Canadian province to modernize its international arbitration legislation by adopting the 2006 amendments to the UNCITRAL Model Law...
NAFTA in Play: Investors’ Arbitration Rights
As the NAFTA withdrawal rhetoric heats up, it would be prudent to determine whether your company has any claims against a NAFTA government that...
International Service via the Postal Service: The U.S. Supreme Court Holds that the Hague...
Prior to May 22, 2017, there was a split among U.S. federal appellate courts as to whether service of process abroad, through postal channels,...
Ontario introduces new international arbitration legislation
Canada has long been an arbitration-friendly jurisdiction and was the first state to adopt the 1985 UNCITRAL Model Law on International Commercial Arbitration ("Model...
NAFTA in Play: Investors’ Arbitration Rights
With the ascension of the Trump administration, there is a question whether the investor-state dispute settlement (“ISDS”) provisions under the NAFTA will survive. This...
Investor State Arbitration under CETA: Key Provisions and What to Watch for in 2017
The Comprehensive Economic and Trade Agreement ('CETA') between the European Union and Canada was signed October 30, 2016. The deepening of Canadian and European...
Arbitration News from North America
Florida state appellate court rules on issue of arbitrability
In Doe v. Natt, No. 2D19-1383 (Fla. 2d DCA Mar. 25, 2020) , a Texas couple, referred to as John and Jane Doe, filed...
ICDR Y&I Online Debate – Virtual Hearings and Cybersecurity in International Arbitration
Baker & McKenzie will be "hosting" the ICDR Y&I online debate on virtual hearings and cybersecurity, on Wednesday, July 24 at 11:00 am ET...
Resolving Circuit Split, US Supreme Court Unanimously Rules That New York Convention Does Not...
On June 1, 2020, in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, the US Supreme Court ruled, in a...
