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
Canada: Enforceability of Arbitration Clauses in Insolvency Proceedings
On June 10, 2021, the Supreme Court of Canada granted leave to appeal a decision with implications for the enforceability of alternative dispute resolution...
Supreme Court of Canada finds Uber arbitration clause is unconscionable
In Uber Technologies Inc. v. Heller, 2020 SCC 16 ("Uber v. Heller") the Supreme Court of Canada upheld the Ontario Court of Appeal's decision...
Baker McKenzie International Arbitration Yearbook 2020-2021 – 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...
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,...
Arbitration News from North America
District court enters default judgment against a foreign sovereign thereby confirming the arbitral award...
DIGOIL v. Democratic Republic of Congo, No. 20-cv-1130 (RJL) (D.D.C. Sept. 14, 2021)
Factual Background
In 2007 and 2008, DIGOIL, a South African oil exploration...
Arbitration Statistics 2020 – In Full Sail Through the COVID Storm
Introduction
It is this time of the year again: most major arbitration institutions have published their statistical reports, giving us the opportunity to take a...
District court applies balancing test to determine whether to enforce an arbitration award or...
Cube Infrastructure Fund Sicav v. Kingdom of Spain, No. 20-cv-1708 (EGS) (D.D.C. May 17, 2021)
Cube Infrastructure Fund SICAV, Cube Infrastructure Managers S.A., Cube...
