Thomas G. Heintzman, O.C., Q.C., FCIArb

When Is A Mediation Agreement Enforceable?

One of the most difficult issues in the law of alternative dispute resolution is whether a mediation clause creates an enforceable obligation.  That issue has an impact on related issues and rights.  If a party gets the issue wrong, it may miss a limitation period or affect its right to rely upon an arbitration or […]

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Playing Offence, Not Defence, In International Arbitrations

What is the best way to protect the authority of international commercial arbitrations?  Is a party obliged to “play defence” and not ask the courts of the seat of the arbitration to interfere until after arbitration proceedings are commenced?  Or can a party “play offense” and ask those courts to take jurisdiction before any arbitration […]

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Can A Party Enforce An Arbitration Award In One Court And Litigate The Issue In Another Court?

Arbitration  -  Enforcement  -  Anti-Suit Injunction The Ontario courts have recently considered two issues with respect to the enforcement of an arbitration award: Should the court refuse to enforce an award because the party which seeks to enforce it is taking proceedings in another jurisdiction which contradict the award?  And should an anti-suit injunction be issued […]

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