Arbitration News from Canada

Supreme Court of Canada finds Uber arbitration clause is unconscionable

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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

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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...

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...

Arbitration News from North America

US Court holds that service providing actual notice of arbitration-related court proceeding is sufficient...

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TVL Int'l, LLC v. Zheijiang Shenghui Lighting Co., No. 3:19-CV-00393-RJC-DCK (W.D.N.C. Feb. 2, 2021)  In 2014, Plaintiff TVL International, LLC ("TVL"), a Delaware corporation, and...

District court confirms arbitration award of $2 million in fees and costs to prevailing...

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Cognac Ferrand S.A.S. v. Mystique Brands LLC, No. 20 Civ. 5933 (S.D.N.Y. Jan. 31, 2021) In 2008, Petitioner and Cross-Respondent Cognac Ferrand S.A.S ("Ferrand"),...

Ninth Circuit Court denies motion to compel arbitration under federal equitable estoppel law

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Setty v. Shrinivas Sugandhalaya LLP, No. 18-35573 (9th Cir. Jan. 20, 2021) In 1999, brothers Balkrishna and Nagraj Setty signed a Partnership Deed agreeing...

 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.