Can An Arbitration Award Be Set Aside For Unreasonableness?
If an arbitration agreement states that there is to be no appeal from the award under the agreement, can a party seek judicial review on
If an arbitration agreement states that there is to be no appeal from the award under the agreement, can a party seek judicial review on
On October 10, 2012, I gave a speech at an Advocates’ Society program. The program was entitled Arbitration is the New Black. My presentation focused
Canada has recently signed a Foreign Investment Promotion and Protection Agreement (FIPA) with the People’s Republic of China. Under the Agreement, a complaining investor is
Can the conduct of the parties after they have signed a commercial contract influence the interpretation of the arbitration agreement contained in that contract? If
An arbitration is usually considered to be a less formal type of dispute resolution than court litigation. For this reason it may be thought that
When material evidence tendered to an arbitral tribunal is fraudulent, we expect the court having jurisdiction to be very inclined to set the award aside.
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
Can a contractor bring several claims against the owner arising from the same building contract? Multiple proceedings arising from the same contract certainly seem like
Competence-competence is now a foundational principle of the modern law of arbitration. According to that principle, an arbitral tribunal is competent to decide its own
Agents of contractors and subcontractors often play a role and assert rights during construction projects. This is because contractors often use agents to perform the