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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…

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…

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…

As the NAFTA withdrawal rhetoric heats up, it would be prudent to determine whether your company has any claims against a NAFTA government that are covered by the NAFTA investor-state dispute resolution mechanism (ISDS), and, if so, whether your company should prepare to give formal notice of its intention to bring such claims.  Given the NAFTA requirement that such notice be given at least ninety days in advance, and given the agreement’s six-month termination notice…