Category: International

Canada – Court of Appeal Upholds “Single Proceeding” Insolvency Model Over Recourse to Arbitration author.

Canada – Court of Appeal Upholds “Single Proceeding” Insolvency Model Over Recourse to Arbitration

This article was first published on the Arbitration Matters blog, here. In Mundo Media Ltd. (Re), 2022 ONCA 607, Court of...

By James Plotkin
Arbitration Conversation No. 84: Hiro Aragaki, Professor of Law and Director of the Center for Negotiation and Dispute Resolution, UC Hastings Law. author.

Arbitration Conversation No. 84: Hiro Aragaki, Professor of Law and Director of the Center for Negotiation and Dispute Resolution, UC Hastings Law.

In this episode of the Arbitration Conversation, Amy interviews Prof. Hiro Aragaki, Professor of Law and Director of the Center...

By Hiro Aragaki, Amy Schmitz
Canada – Parallel Proceedings Insufficient to Justify Disregard of Arbitration Agreement author.

Canada – Parallel Proceedings Insufficient to Justify Disregard of Arbitration Agreement

In Travelers Insurance Company of Canada v Greyhound Canada Transportation, 2022 QCCQ 4746, Justice Davignon declined jurisdiction over part of a dispute –...

By Eric Bédard
Why You Should Consider California as the Seat for Your Arbitration author.

Why You Should Consider California as the Seat for Your Arbitration

As all the parties to an arbitration know, choosing the seat of the arbitration is extremely important because the law...

By Colin Rule, Indraneel Gunjal
Arbitration Conversation No. 83: Gary Born, Chair, International Arbitration Practice Group, Wilmer Hale author.

Arbitration Conversation No. 83: Gary Born, Chair, International Arbitration Practice Group, Wilmer Hale

In this episode of the Arbitration Conversation, Amy interviews Gary Born, Chair of the International Arbitration Practice Group at Wilmer...

By Gary Born, Amy Schmitz
Canada – Why Arbitration Needs the Courts – And Vice Versa author.

Canada – Why Arbitration Needs the Courts – And Vice Versa

In Benke v Loblaw Companies Limited, 2022 ABQB 461, Justice Feasby called for a “culture change” in the courts to “create...

By Lisa C. Munro
Arbitration Conversation No. 82: Prof. Ronald Brand, University of Pittsburgh School of Law author.

Arbitration Conversation No. 82: Prof. Ronald Brand, University of Pittsburgh School of Law

In this episode of the Arbitration Conversation, Amy interviews Ronald Brand, the Chancellor Mark A. Nordenberg University Professor, and John...

By Ronald Brand, Amy Schmitz
Canada – Arbitration Clause Not Consideration; Provides Only Detriment to Contracting Party author.

Canada – Arbitration Clause Not Consideration; Provides Only Detriment to Contracting Party

This article was first published on the Arbitration Matters blog, here. In Goberdhan v Knights of Columbus, 2022 ONSC 3788, Justice...

By Lisa C. Munro
The Supreme Court Limits 28 U.S.C § 1782 Discovery in Aid of International Arbitration author.

The Supreme Court Limits 28 U.S.C § 1782 Discovery in Aid of International Arbitration

Introduction 28 U.S.C. § 1782 (“Section 1782”) is a United States statute that allows parties to obtain discovery of documents...

By Brittany Munn
The Arbitration Conversation No.81: Erin Archerd, Assoc Prof of Law, Univ of Detroit Mercy School of Law author.

The Arbitration Conversation No.81: Erin Archerd, Assoc Prof of Law, Univ of Detroit Mercy School of Law

In this episode of the Arbitration Conversation, Amy interviews Erin Archerd, Associate Professor of Law at the University of Detroit...

By Erin Archerd, Amy Schmitz
Canada – Court Partially Stays Class Action Related to Videogame “Loot Boxes” author.

Canada – Court Partially Stays Class Action Related to Videogame “Loot Boxes”

This article was first published on the Arbitration Matters blog, here. In Petty v Niantic Inc., 2022 BCSC 1077, Justice Mayer...

By James Plotkin
Canada – Motion to “Compel” Participation in Arbitration Dismissed, Despite Arbitration Clause author.

Canada – Motion to “Compel” Participation in Arbitration Dismissed, Despite Arbitration Clause

This article was first published on the Arbitration Matters blog, here. In Black & McDonald v. Eiffage Innovative Canada Inc., 2022...

By Lisa C. Munro
Compliance Reinforcement Mechanism in 2021 Delos Rules of Arbitration: Continuing a Tradition of Bold Innovation author.

Compliance Reinforcement Mechanism in 2021 Delos Rules of Arbitration: Continuing a Tradition of Bold Innovation

The 2021 Delos Rules of Arbitration came into effect on 1 November 2021, the first major revision since the institution was established...

By Marco de Sousa
Arbitration Conversation No. 80: Adriana Vaamonde, Exec Director, Centro de Arbitraje Cámara de Caracas author.

Arbitration Conversation No. 80: Adriana Vaamonde, Exec Director, Centro de Arbitraje Cámara de Caracas

In this episode of the Arbitration Conversation, Amy interviews Adriana Vaamonde, Exec Director, Centro de Arbitraje Cámara de Caracas. Adriana...

By Adriana Vaamonde Marcano, Amy Schmitz
Independence Day and Arbitration author.

Independence Day and Arbitration

This article first appeared on the Securities Arbitration Alert Blog, here. Years ago I penned a blog post on Independence...

By George Friedman
Arbitration Conversation No. 79: Fernando Sanquírico Pittevil, Partner at Lega Abogados author.

Arbitration Conversation No. 79: Fernando Sanquírico Pittevil, Partner at Lega Abogados

In this episode of the Arbitration Conversation, Amy interviews Fernando Sanquírico Pittevil, a partner at Lega Abogados in Venezuela. Fernando...

By Fernando Sanquírico Pittevil, Amy Schmitz
Canada – Appeal/Set Aside Not Designed to “Save the Parties from Themselves” author.

Canada – Appeal/Set Aside Not Designed to “Save the Parties from Themselves”

This article was first published on the Arbitration Matters blog, here. In Singh v Modgill, 2022 ABQB 369, Justice Feasby denied...

By Lisa C. Munro
Musings of Metaverse Arbitration author.

Musings of Metaverse Arbitration

What is the internet’s current favorite buzzword? Metaverse. In simple terms, the metaverse is an interactive three-dimensional virtual world. The...

By Brittany Munn, Amy Schmitz
Arbitration Conversation No. 78: Arbitrator Edna Sussman, of SussmanADR.com author.

Arbitration Conversation No. 78: Arbitrator Edna Sussman, of SussmanADR.com

In this episode of the Arbitration Conversation, Amy interviews Edna Sussman, who serves full-time as an arbitrator and mediator and...

By Edna Sussman, Amy Schmitz
Top Tips for Attorneys Representing Clients in Arbitrations author.

Top Tips for Attorneys Representing Clients in Arbitrations

This article was first published on the JAMS ADR Blog here. Planning and preparation are key components for any successful...

By Harold Himmelman
Unanimous SCOTUS Decides Southwest: Goes with the Flow on “Engaged” in Interstate Commerce author.

Unanimous SCOTUS Decides Southwest: Goes with the Flow on “Engaged” in Interstate Commerce

The Supreme Court has decided Southwest Airlines Co. v. Saxon, No. 21-309, ruling unanimously that the Federal Arbitration Act (“FAA”) section 1 exemption of “workers engaged...

By George Friedman
Canada – Court Extends Arbitrator’s Immunity to Appointing Authority author.

Canada – Court Extends Arbitrator’s Immunity to Appointing Authority

This article was first published on the Arbitration Matters blog, here. In B Smart Technology inc. v. American Arbitration Association, 2022...

By Marie-Claude Martel
Canada – Determining Appeal Rights in Arbitration Agreement in Effect since 1960 Arbitration Act author.

Canada – Determining Appeal Rights in Arbitration Agreement in Effect since 1960 Arbitration Act

This article was first published on the Arbitration Matters blog, here. In D Lands Inc. v KS Victoria and King, 2022...

By Lisa C. Munro
A Note on Badgerow v. Walters et al. (No.20-1143, March 31,2022) author.

A Note on Badgerow v. Walters et al. (No.20-1143, March 31,2022)

At her confirmation hearing Justice Kagan noted “So in that sense, we are all originalists.” (U.S. Senate Judiciary Committee Hearing,...

By Terry Moritz
Arbitration Conversation No. 75: Prof. Angie Raymond, Kelley School of Business, Indiana University author.

Arbitration Conversation No. 75: Prof. Angie Raymond, Kelley School of Business, Indiana University

In this episode of the Arbitration Conversation, Amy interviews Anjanette (Angie) Raymond, an Associate Professor in the Department of Business...

By Anganette Raymond, Amy Schmitz
Remembering Thierry Garby author.

Remembering Thierry Garby

Thierry Garby, an ambassador of international mediation, passed away in January. ICC, and the broader dispute resolution community, were fortunate...

By Michael McIlwrath
ICSID Member States Approve Amended 2022 Arbitration Rules author.

ICSID Member States Approve Amended 2022 Arbitration Rules

On 21 March 2022, the member states of the International Centre for the Settlement of Investment Disputes (ICSID) approved wide-ranging amendments...

By Andrew Cannon, Vanessa Naish
Arbitration of PAGA Claims & Uncertainty in the Future of US Arbitration author.

Arbitration of PAGA Claims & Uncertainty in the Future of US Arbitration

The United States Supreme Court heard oral arguments in Viking River Cruises, Inc. v. Moriana, No. 20-1573, on March 30,...

By Imre Szalai
Canada – Continuing Confusion Over Nature of Court Review of Arbitration author.

Canada – Continuing Confusion Over Nature of Court Review of Arbitration

This article was first published on the Arbitration Matters blog, here. In PCL Constructors Canada Inc. v Johnson Controls, 2022 ONSC...

By Lisa C. Munro
Badgerow v. Walters – Answering Vaden’s Questions and Limiting Its Application author.

Badgerow v. Walters – Answering Vaden’s Questions and Limiting Its Application

Introduction             The Supreme Court’s decision in Vaden v. Discover Bank, 556 U.S. 49 (2009), held that district courts can...

By Kristen Blankley

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