Arbitration News from Canada

Baker McKenzie International Arbitration Yearbook 2019-2020 – Canada

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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

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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...

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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

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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

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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

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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...

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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

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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

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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

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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

Eleventh Circuit holds tort claims are within scope of arbitration clause; Panama Convention provides...

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Earth Science Tech, Inc., v. Impact UA, Inc., No. 19-10118 (11th Cir. Apr. 14, 2020) Earth Science, Tech, Inc. ("Earth Science"), a Florida-based distributor...

District Court enforces interim award for reimbursement of costs of arbitration

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Trajkovski Invest AB v. I.Am.Plus Electronics, Inc., No. 2:20-cv-00152-ODW (C.D. Cal. May 7, 2020) . Petitioners, a collection of Swedish technology start-up entrepreneurs owning shares...

Florida district court holds that Federal Arbitration Act grounds for vacatur are inapplicable to...

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Corporación AIC SA v. Hidroelectrica Santa Rita SA, No. 19-20294-CV (S.D. Fla. Apr. 16, 2020) Corporación AIC, S.A. ("Petitioner") and Hidroelectrica Santa Rita, S.A. ("Respondent")...

 Baker McKenzie’s Arbitration Yearbook 2018-2019 Edition  

Click here for the chapter on Canada in the 2018-2019 Arbitration Yearbook.

 

Baker McKenzie’s Arbitration Yearbook 2017-2018 Edition

Click here for the chapter on Canada in the 2017-2018 Arbitration Yearbook.