Arbitration News from Canada

Canada: Enforceability of Arbitration Clauses in Insolvency Proceedings

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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

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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,...

Arbitration News from North America

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Arbitration Statistics 2020 – In Full Sail Through the COVID Storm

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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...

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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...

District court grants petition to compel arbitration where existence of arbitration agreement was in...

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Spliethoff Transport B.V. v. Phyto-Charter Inc., No. 20-CV-3283 (S.D.N.Y. May 13, 2021) Petitioner Spliethoff Transport B.V. ("Spliethoff") sought an order to compel Respondent Phyto-Charter...

 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.