Tag: Arbitration Clause

Canada– Court Determines Arbitrator Jurisdiction, Exercising Exception to Competence-Competence  author.

Canada– Court Determines Arbitrator Jurisdiction, Exercising Exception to Competence-Competence 

This article was first published in the Arbitration Matters Blog, here. In Isagenix International LLC v. Harris, 2023 BCCA 96, Justice...

By Joanne Luu
Canada– Class Actions: Rules for Referral to Arbitration Should be Followed  author.

Canada– Class Actions: Rules for Referral to Arbitration Should be Followed 

This article was first published in the Arbitration Matters Blog, here. In Vidéotron c. 9238-0831 Québec inc. (Caféier-Boustifo), 2023 QCCA 110,...

By Marie-Claude Martel
Canada – Foreign Award Enforcement Upheld on Appeal Despite Previous Attornment to Court author.

Canada – Foreign Award Enforcement Upheld on Appeal Despite Previous Attornment to Court

This article was first published in the Arbitration Matters Blog, here. In Wang v. Luo, 2022 ONSC 5544, Justice LeMay, sitting...

By James Plotkin
Canada – Action Brought to Require Payment Ordered in Award author.

Canada – Action Brought to Require Payment Ordered in Award

This article was fist published in the Arbitration Matters Blog, here. In Tomalik v Enthink Inc., 2022 ABCA 302, the Court...

By Lisa C. Munro
Canada – Arbitration Agreement Invalid due to Unconscionability and no Consideration author.

Canada – Arbitration Agreement Invalid due to Unconscionability and no Consideration

This article was first published on the Arbitration Matters blog, here. In Pokornik v. SkipTheDishes Restaurant Services Inc., 2022 MBKB 178,...

By Cynthia Kuehl
Canada – Interests of Justice Require Closely Linked Disputes to be Arbitrated author.

Canada – Interests of Justice Require Closely Linked Disputes to be Arbitrated

This article was first published on the Arbitration Matters blog, here. In Tessier v 2428-8516 Québec inc., 2002 QCCS 3159, Justice...

By Rachel Howie
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
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
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
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
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
How Companies Can Hedge Risk of Mass Arbitration author.

How Companies Can Hedge Risk of Mass Arbitration

This article was first published on the Cooley LLP Blog, here. Mass arbitration is a recent trend where companies are...

By Marc Suskin, Rachel Thorn
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
Supreme Court of Canada finds Uber Arbitration Clause is Unconscionable author.

Supreme Court of Canada finds Uber Arbitration Clause is Unconscionable

This article first appeared on Global Arbitration News by Baker McKenzie, here. In Uber Technologies Inc. v. Heller, 2020 SCC 16 (“Uber v....

By Christina Doria, Brittany Shales
Canada – ‘State of the Current Case Law’ Justifies Leave to Appeal Raising Autonomy of Agreement to Arbitrate author.

Canada – ‘State of the Current Case Law’ Justifies Leave to Appeal Raising Autonomy of Agreement to Arbitrate

This article first appeared on Urbas Arbitral, here. Referring to the ‘state of the current case law’, Mr. Justice Frédéric...

By Daniel Urbas
Canada – Sequential Arbitrations without Exclusion of Courts Renders Clause Invalid in Real Rights Litigation author.

Canada – Sequential Arbitrations without Exclusion of Courts Renders Clause Invalid in Real Rights Litigation

This article first appeared on Urbas Arbitral, here. Distinguishing between actions involving personal and real rights, Mr. Justice Martin Castonguay...

By Daniel Urbas
Arbitration Conversation No. 19: Prof. Anthony Daimsis of the University of Ottawa author.

Arbitration Conversation No. 19: Prof. Anthony Daimsis of the University of Ottawa

In this episode of The Arbitration Conversation Amy interviews Prof. Anthony Daimsis of the University of Ottawa on the Uber...

By Anthony Daimsis, Amy Schmitz

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