Tag: Daniel Urbas

Canada – Arbitration Remains Mandatory Despite Option Given to Only One Party to Waive Arbitration author.

Canada – Arbitration Remains Mandatory Despite Option Given to Only One Party to Waive Arbitration

This article first appeared in Urbas Arbitral, here. In Malcolm Drilling Company Inc. v. The Graham-Aecon Joint Venture, 2021 BCSC 1136,...

By Daniel Urbas
Canada – Offer to Settle in Advance of Stay Application Must Contain Real Compromise to Justify Higher Costs author.

Canada – Offer to Settle in Advance of Stay Application Must Contain Real Compromise to Justify Higher Costs

This article first appeared on Urbas Arbitral, here. In Kore Meals LLC v. Freshii Development LLC, 2021 ONSC 3736, Mr. Justice...

By Daniel Urbas
Arbitration Conversation No. 57: Independent Arbitrator Julie G. Hopkins from Calgary, Canada author.

Arbitration Conversation No. 57: Independent Arbitrator Julie G. Hopkins from Calgary, Canada

In this episode of the Arbitration Conversation Amy interviews Independent Arbitrator Julie G. Hopkins from Calgary, Canada. Julie has decided...

By Julie Hopkins, Amy Schmitz
Canada – Non-party Witnesses Applying to Arbitrator to Quash Summonses Do Not Attorn to Jurisdiction author.

Canada – Non-party Witnesses Applying to Arbitrator to Quash Summonses Do Not Attorn to Jurisdiction

Despite extensive rights of appeal provided in BP’s and D’s agreement to arbitrate, Mr. Justice William S. Chalmers in Bergmanis v....

By Daniel Urbas
Canada – Jurisdiction Involves Whether Arbitrator has Authority to Make Inquiry, Not the Answer to the Inquiry author.

Canada – Jurisdiction Involves Whether Arbitrator has Authority to Make Inquiry, Not the Answer to the Inquiry

This article first appeared on Urbas Arbitral, here. In Parc-IX Limited v. The Manufacturer’s Life Insurance Company, 2021 ONSC 1252, Mr....

By Daniel Urbas
Canada – Arbitrator Has Jurisdiction/Obligation to Decide Recusal Even Absent Express Grant of Authority to Do So author.

Canada – Arbitrator Has Jurisdiction/Obligation to Decide Recusal Even Absent Express Grant of Authority to Do So

This article first appeared on Urbas Arbitral, here. In Syndicat des employés du CISSSMO, section locale 3247 v. Murray, 2021 QCCS...

By Daniel Urbas
Canada – ‘Only Logical to Modernize’ New York Convention ‘Agreement in Writing’ to Include Text/E-Mail Exchange author.

Canada – ‘Only Logical to Modernize’ New York Convention ‘Agreement in Writing’ to Include Text/E-Mail Exchange

This article first appeared in Urbas Arbitral, here. In Parrish & Heimbecker Ltd. v. TSM Winny AG Ltd., 2020 SKQB 348,...

By Daniel Urbas
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 – Enforcing Award’s Remedy Excludes Substituting Court’s Own Remedy author.

Canada – Enforcing Award’s Remedy Excludes Substituting Court’s Own Remedy

This article first appeared on Urbas Arbitral, here. In Abittan v. Wilcox, 2020 ONSC 6836, Mr. Justice Frederick L. Myers reiterated...

By Daniel Urbas
Canada – Commercial Dispute “Foundationally Different” from Investor-State Claim author.

Canada – Commercial Dispute “Foundationally Different” from Investor-State Claim

This article first appeared on Urbas Arbitral, here. In lululemon athletica canada inc. v. Industrial Color Productions Inc., 2021 BCSC 15,...

By Daniel Urbas
2020 Canadian Arbitration Year in Review author.

2020 Canadian Arbitration Year in Review

From January to December 2020, Daniel Urbas shared one hundred and fifty-five (155) notes on recent Canadian court decisions, highlighting...

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

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