Canada

Baker McKenzie International Arbitration Yearbook 2021-2022 – Canada

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A. LEGISLATION AND RULES A.1       Legislation International arbitration in Canada is, for the most part, a matter of provincial jurisdiction. Each province and territory has enacted...

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...