Tag: Litigation

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
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
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
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
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
Canada – Standard of Review: Set Aside for Applicant’s “Inability to Present his Case” author.

Canada – Standard of Review: Set Aside for Applicant’s “Inability to Present his Case”

This article was first published on the Arbitration Matters blog, here. In Nelson v The Government of the United Mexican States,...

By Lisa C. Munro
Canada – No Issue Estoppel Regarding Arbitrator’s Findings in Later Litigation author.

Canada – No Issue Estoppel Regarding Arbitrator’s Findings in Later Litigation

This article was first published on the Arbitration Matters blog, here. In The 6th Line Mofos Limited v Stewart, 2022 ONSC 520,...

By Lisa C. Munro
International Commercial Arbitration: The Applicable Laws Theorem author.

International Commercial Arbitration: The Applicable Laws Theorem

This article first appeared on the Thomson Reuters Arbitration blog, here. One of the most interesting aspects of international arbitration are the applicable...

By Frederico Singarajah
Distinguishing Discovery Procedures in Commercial Arbitration:  A Comparative Analysis of AAA and FINRA Rules author.

Distinguishing Discovery Procedures in Commercial Arbitration: A Comparative Analysis of AAA and FINRA Rules

This article first appeared in Securities Arbitration Alert, here. Introduction In civil litigation, discovery is the process by which parties...

By Ksenia Matthews
Impact of the COVID-19 Pandemic On (Physical) Litigation and International Arbitration Proceedings in Switzerland author.

Impact of the COVID-19 Pandemic On (Physical) Litigation and International Arbitration Proceedings in Switzerland

This article first appeared on Global Arbitration News by Baker McKenzie, here. With the emergence of the COVID-19 virus in...

By Valentina Hirsiger, Lukas Frommelt
What is Arbitration, Anyway? author.

What is Arbitration, Anyway?

Many years ago, I conducted focus groups in Denver, Colorado, asking consumers to discuss their understanding of arbitration. Nearly all...

By Amy Schmitz
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
The Psychology and Neuroscience Applied to Arbitration – The Next Top Model author.

The Psychology and Neuroscience Applied to Arbitration – The Next Top Model

Social Psychology studies how people think, feel, and behave (Robbennlot, Jennifer K and Sternlight, Jean R. Psychology for Lawyers, Understanding...

By Rosa María Abdelnour Granados
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
The Year Ahead: Developments in Global Litigation and Arbitration in 2021 author.

The Year Ahead: Developments in Global Litigation and Arbitration in 2021

This article first appeared on Global Arbitration News by Baker McKenzie, here. The Year Ahead – our publication looking at key...

By Claudia Benavides Galvis, Benjamin Roe
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. 9: Charles E. Harris II, Arbitrator and Partner at Mayer Brown in Chicago author.

Arbitration Conversation No. 9: Charles E. Harris II, Arbitrator and Partner at Mayer Brown in Chicago

In this episode of the Arbitration Conversation Amy interviews Charles E. Harris II, who is a Partner in the Litigation...

By Charles Harris, Amy Schmitz

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