Arbitration News from Canada

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...

Baker McKenzie releases North American Arbitration Primer

Baker McKenzie has released its North American Arbitration Primer.  This builds on the success of Baker McKenzie's Asia Pacific Arbitration Primer that was published...

Arbitration News from North America

Thinking ahead: What to consider prior to arbitration when securing warranties and indemnities under...

In the field of mergers and acquisitions, warranties and indemnities introduced to share purchase agreements (SPAs) offer certain level of security and allocate risk...

U.S.: District court grants application for discovery pursuant to 28 U.S.C. § 1782 in aid...

In re Application of the Children's Inv. Fund Found. (UK), Sir Christopher Hohn, and Axon Partners, LP for An Order to Take Discovery Pursuant...

U.S.: District court recognizes as preclusive final, non-appealable Singapore judgment holding that parties had...

China Shipping Container Lines Co. Ltd. v. Big Port Serv. DMCC, No. 15 Civ. 2006 (S.D.N.Y. Jan. 15, 2019) Through a series of subcontracts,...

 Baker McKenzie’s Arbitration Yearbook 10th Anniversary Edition 2016-2017 

Click here for the chapter on Canada in the 2016-2017 Arbitration Yearbook.

 

Baker McKenzie’s Arbitration Yearbook 2015-2016 Edition

Click here for the chapter on Canada in the 2015-2016 Arbitration Yearbook.