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…
When multiple international commercial arbitration proceedings are initiated between the same parties, does the court have jurisdiction to…
On September 30, 2018, the United States, Mexico and Canada (the Parties) reached an agreement to replace the…
British Columbia is now the second Canadian province to modernize its international arbitration legislation by adopting the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”). On May 17, 2018 British Columbia amended its International Commercial Arbitration Act, RBC 1996, c.233 (“ICAA”) via the International Commercial Arbitration Amendment Act. As we reported last year, Ontario updated its International Commercial Arbitration Act in March 2017 (cf. GAN: Ontario introduces new international arbitration…
As the NAFTA withdrawal rhetoric heats up, it would be prudent to determine whether your company has any…
Prior to May 22, 2017, there was a split among U.S. federal appellate courts as to whether service…
Canada has long been an arbitration-friendly jurisdiction and was the first state to adopt the 1985 UNCITRAL Model Law on International Commercial Arbitration (“Model Law”). On March 22, 2017, the Canadian province of Ontario updated its international arbitration regime to adopt the 2006 amendments to the Model Law. The Ontario International Commercial Arbitration Act, 2017, SO 2017, c 2 (the “ICAA”) replaces the former Ontario International Commercial Arbitration Act, RSO 1990, c I.9 (the “Former…
With the ascension of the Trump administration, there is a question whether the investor-state dispute settlement (“ISDS”) provisions…
The Comprehensive Economic and Trade Agreement (‘CETA’) between the European Union and Canada was signed October 30, 2016.…
Baker McKenzie has released its North American Arbitration Primer. This builds on the success of Baker McKenzie’s Asia Pacific Arbitration Primer that was published and distributed last year. The North American Arbitration Primer, like its Asia Pacific counterpart, is an accessible tool allowing readers to stay abreast of arbitration laws in North America. Drafted through collaboration with our arbitration partners in the region, the North American Arbitration Primer is now accessible through the Firm’s North…