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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2024-2025 – Canada

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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…

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In Canada

Final S(t)ay? Alberta Court of Appeal Rules that Alberta Arbitration Act Does Not Prevent Appeal From Master to Judge

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In Agrium v. Orbis Engineering Field Services, the Alberta Court of Appeal held that parties can appeal a decision from a master to a justice of the Alberta Court of Queen’s Bench (now the Court of King’s Bench) despite section 7(6) of the Alberta Arbitration Act(“AA”). That section prescribes that “there is no appeal from the court’s decision under this section.” The case is significant because the Court of Appeal was divided and the majority…

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In Arbitration Agreements

Supreme Court of Canada finds Uber arbitration clause is unconscionable

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In Uber Technologies Inc. v. Heller, 2020 SCC 16 (“Uber v. Heller”) the Supreme Court of Canada upheld the Ontario Court of Appeal’s decision that Uber’s arbitration agreement is invalid and unenforceable, leaving disputes under the clause to be litigated in the courts. The Court re-affirmed the competence-competence principle and the deference generally afforded to arbitrators by the courts, while creating an exception to the general rule of arbitral referral. Background The case arises from…

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In Arbitration Agreements

Canada: Ontario Court of Appeal invalidates arbitration clause requiring arbitration in foreign jurisdiction

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In its first decision of 2019, the Ontario Court of Appeal has overturned the lower court’s decision in Heller v. Uber Technologies Inc., 2019 ONCA 1. The Court of Appeal held that an arbitration clause requiring arbitration in the Netherlands of disputes between drivers and Uber to be invalid and unenforceable. Based on the presumption that Uber drivers are employees of Uber, the Court of Appeal found that the arbitration clause was a prohibited contracting…

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