Who Decides If There Is An Appeal From A Court Order Requiring Arbitration: The Parties Or The Court?
One of the first issues that can arise in a dispute is whether arbitration or court proceedings must be pursued. The issue will often arise
One of the first issues that can arise in a dispute is whether arbitration or court proceedings must be pursued. The issue will often arise
A recurring issue in arbitration law is whether a third party is bound to assert his or her claims by way of arbitration, even though
In January 2013, a Working Group of the Uniform Law Conference of Canada (“ULCC”) issued a Discussion Paper with respect to proposals for a new
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
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
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
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
Courts have difficulty reconciling the rights of parties to arbitration when there are construction liens, cross claims, counterclaims and third party rights involved. How can
The limitation period is a vexing issue to any party involved in a commercial dispute. This truism applies even more to construction disputes because there