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…
Hernandez v. Sohnen Enterprises, Inc., 102 Cal. App. 5th 222 (2024), reh’g denied (June 3, 2024)[1] Factual Background In 2016,…
Conti 11. Container Schiffarts-GMBH & Co. KG M.S. v. MSC Mediterranean Shipping Co. S.A., 91 F.4th 789 (5th…
Welcome to the 17th edition of the Baker McKenzie International Arbitration Yearbook. We are pleased to bring you our analysis of notable developments in international arbitration over the past year from over 40 jurisdictions worldwide. As with the editions before it, the 2023-2024 Yearbook covers important legislative and case law updates from each jurisdiction. This includes: You can access the latest edition of the International Arbitration Yearbook here or by hovering your cursor over the “International Arbitration…
Edmundson v. Klarna, S.A., No. 22-557-cv, 85 F. 4th 695 (2d Cir. 2023)[1] Factual Background Klarna, Inc. offers online…
FCM Inv., Inc. v. Grove Pham, LLC, No. RIC1902326 (Cal. Super. Ct. Oct. 17, 2023)[1] Factual Background In…
Grupo Unidos por el Canal, S.A. v. Autoridad del Canal de Panama, 78 F.4th 1252 (11th Cir. 2023)[1] Factual Background Grupo Unidos por el Canal (“Grupo Unidos”) is a consortium of European companies that was awarded a multi-billion dollar construction contract by Autoridad del Canal de Panama (“Autoridad del Canal”) to expand the Panama Canal. When Grupo Unidos completed the expansion twenty months past the deadline, liability disputes followed. Pursuant to the contract’s arbitration clause, any…
Baker Hughes Saudi Arabia Co. v. Dynamic Industries, Inc., Civ. A. No. 2:23-cv-1396 (E.D. La. Nov. 6, 2023)[1]…
A. Legislation and rules A.1 Legislation The United States has a federal form of government, and there is,…
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…