A. LEGISLATION AND RULES A.1 Legislation International arbitration in Canada is, for the most part, a matter of provincial jurisdiction. Each province and territory has enacted legislation adopting the UNCITRAL Model Law, occasionally with slight variations, as the foundational law for international arbitration. Canada’s federal parliament has also adopted a commercial arbitration code based on the UNCITRAL Model Law, which is applicable when the federal government or one of its agencies is a party to…
In Peace River Hydro Partners v. Petrowest Corp., the Supreme Court of Canada (SCC) refused to stay a…
In Agrium v. Orbis Engineering Field Services, the Alberta Court of Appeal held that parties can appeal a…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Canada is, for the most part, a matter of provincial jurisdiction. Each province and territory has enacted legislation adopting the UNCITRAL Model Law, occasionally with slight variations, as the foundational law for international arbitration. Canada’s federal Parliament has also adopted a commercial arbitration code based on the UNCITRAL Model Law, which is applicable when the federal government or one of its agencies is a party to…
On June 10, 2021, the Supreme Court of Canada granted leave to appeal a decision with implications for…
In Uber Technologies Inc. v. Heller, 2020 SCC 16 (“Uber v. Heller”) the Supreme Court of Canada upheld…
CANADA Matthew Latella and Christina Doria A. LEGISLATION AND RULES[1] A.1 Legislation International arbitration in Canada is, for the most part, a matter of provincial jurisdiction. Each province and territory has enacted legislation adopting the UNCITRAL Model Law, occasionally with slight variations, as the foundational law for international arbitration. Canada’s federal parliament has also adopted a commercial arbitration code based on the UNCITRAL Model Law, which is applicable when the federal government or one of…
CANADA Matthew Latella and Christina Doria A. LEGISLATION AND RULES A.1 Legislation International arbitration in Canada is, for…
In its first decision of 2019, the Ontario Court of Appeal has overturned the lower court’s decision in…
When multiple international commercial arbitration proceedings are initiated between the same parties, does the court have jurisdiction to consolidate the proceedings without the consent of all the parties? Two decisions of the Alberta Court of the Queen’s Bench recently gave opposite answers to this question, and this is not the first time the court has been split on this issue. At the core of this debate are differing interpretations of section 8(1) of the International…