Arbitration Clause Is A Separate Enforceable Agreement
What happens when an arbitration clause is contained within a commercial agreement that one party says never came into existence or is unenforceable? And what
What happens when an arbitration clause is contained within a commercial agreement that one party says never came into existence or is unenforceable? And what
The Ontario Court of Appeal has recently considered whether any appeal may be taken from a decision of an arbitral tribunal which is made prior
When does the limitation period start for an arbitration claim? Can the very making of the demand start the period running? Yes, the Ontario Court
A very recent decision of the Supreme Court of Canada has held that a court may properly dismiss an action arising from an international commercial
Arbitration and court proceedings may be different, but can a party substantially change its position when it appeals from an arbitration award to the court?
A party to a contract may terminate the contract and then start an arbitration to confirm the validity of the termination. If the arbitral tribunal
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
In Canada, the obligation of a tribunal to give reasons has become one of the hallmarks of justice. But do arbitrators have an obligation to
What margin of error does an arbitrator have? Should an arbitral tribunal’s decision be set aside if it is legally incorrect? Or should a wider
Does an arbitral tribunal have authority to dismiss an arbitration claim for want of prosecution? Some arbitration statutes expressly state that a tribunal has the