North America Archives

In Canada

Baker McKenzie International Arbitration Yearbook 2022-2023 – Canada

January 1, 2023 by Matthew Latella and Christina Doria 20 Mins Read

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 North America

Second Circuit affirms order denying motion to compel arbitration

December 19, 2022 by David Zaslowsky 3 Mins Read

In Lavvan, Inc. v. Amyris, Inc., No. 21-1819 (2d Cir. Sept. 15, 2022),[1] the Second Circuit affirmed order denying…

In North America

District court confirms arbitral award despite arbitrator decision to deny discovery and evidentiary hearing

November 16, 2022 by Shiyu (Jenny) Liang and David Zaslowsky 3 Mins Read

245 Park Member LLC v. HNA Grp. (Int’l) Co., 1:22-cv-5136-JGK (S.D.N.Y. July 25, 2022)[1] Factual Background In 2017, Petitioner…

In Canada

Supreme Court Clarifies Enforceability of Arbitration Clauses in Insolvency Proceedings

November 14, 2022 by Christina Doria, Michael Nowina and Brendan O'Grady 5 Mins Read

In Peace River Hydro Partners v. Petrowest Corp., the Supreme Court of Canada (SCC) refused to stay a receiver’s civil lawsuit in favour of multiple arbitration proceedings, finding the arbitration agreements were made inoperative by court order to facilitate an orderly and single insolvency process. This case helps resolve a tension between the expedience of a single insolvency process and the presumptive enforceability of arbitration agreements. Factual Background Peace River subcontracted various Petrowest entities to…

In Canada

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

October 19, 2022 by Eleanor Dennis and Anton Rizor 5 Mins Read

In Agrium v. Orbis Engineering Field Services, the Alberta Court of Appeal held that parties can appeal a…

In North America

Eleventh Circuit affirms district court decision that non-signatory parties may enforce arbitration clauses under the New York Convention

October 19, 2022 by Marisa Dieken and David Zaslowsky 4 Mins Read

Outokumpu Stainless USA, LLC, v. Coverteam SAS (aka GE Energy Power Conversion France SAS, Corp.,), No. 17-10944 (11th Cir.…

In North America

District court confirms a foreign arbitral award and declines to stay enforcement despite a pending annulment action in the country with primary jurisdiction over the award

August 23, 2022 by Erin Shields and David Zaslowsky 4 Mins Read

Iraq Telecom Ltd. v. IBL Bank S.A.L., No. 21cv10940 (S.D.N.Y. Apr. 8, 2022)[1] Factual Background In 2011, Iraq Telecom Ltd. (“Iraq Telecom”) agreed to subordinate a loan to a third party company by entering into a Subordination Agreement with Intercontinental Bank of Lebanon S.A.L. (“IBL”). The Subordination Agreement provided for binding arbitration in Lebanon and the application of Lebanese law. It also provided that any arbitration award would be final and binding, and that any award…

In North America

Michigan Court of Appeals affirms that, where an arbitrators’ decision is challenged on brevity, the proper procedure is to remand the decision back to the arbitrators rather than vacate the award

July 12, 2022 by David Zaslowsky and Farah Chalisa 3 Mins Read

In In Re Romanzi; Kenneth A. Nathan v. Fieger & Fieger, P.C., Nos. 20-2278/21-1004 (Mich. Ct. App. Apr.…

In North America

U.S. District court denies Pakistan request to stay proceedings, and recognizes and enforces ICSID arbitral award based on the arbitration exception to the Foreign Sovereign Immunities Act

July 5, 2022 by David Zaslowsky 4 Mins Read

Tethyan Copper Co. Pty Ltd. v. Islamic Republic of Pakistan, No. 1:19-cv-02424 (D.D.C. Mar. 10, 2022)[1] In 2006,…

In North America

Supreme Court Holds That Section 1782 (For The Most Part) May Not Be Used in Aid of International Arbitration

June 22, 2022 by David Zaslowsky and Lawrence Newman 12 Mins Read

The Supreme Court has issued only two decisions on Section 1782. In this Alert, we discuss the second of those two decisions, ZF Automotive US Inc. v. Luxshare, Ltd., No. 21–401, issued on June 13, 2022. This decision resolved a Circuit split that can be traced to the Court’s first Section 1782 case (18 years earlier), Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004). The Supreme Court has now made clear that,…