Artem Barsukov, FCIArb

Bennett Jones LLP

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Ontario Court of Appeal Strikes Important Balance in Applying Exceptions to the Kompetenz-Kompetenz Principle

Last week, the Ontario Court of Appeal released its decision Lochan v Binance Holdings Limited, 2024 ONCA 784 [Binance], in which it refused to stay a class action proceeding in favour of arbitration. In doing so, the Court...more

11/8/2024 / Arbitration , Arbitration Agreements , Arbitration Awards , Canada , Commercial Arbitration , International Arbitration , Supreme Court of Canada

Alberta Court Articulates Important Exceptions to the Kompetenz-Kompetenz Principle and the Scope of Arbitration Clauses

A recent decision of the Alberta Court of King’s Bench in Orica Canada Inc v ARVOS GmbH, 2024 ABKB 97 [Orica] has attracted considerable attention among members of the arbitration bar. In it, the Court of King’s Bench...more

4/10/2024 / Arbitration , Arbitration Agreements , Arbitration Awards , Canada , Commercial Arbitration , International Arbitration , Supreme Court of Canada

Arbitration Angle - 2023 Edition - Reflecting On A Year Of Decisions And Looking Ahead

UN Member States Adopt Code of Conduct for Arbitrators in Investor-State Disputes - At its 56th annual session held in Vienna in July 2023, the United Nations Commission on International Trade Law (UNCITRAL) formally...more

10/23/2023 / Arbitration , Arbitration Agreements , Arbitration Awards , Canada , Commercial Arbitration , International Arbitration , SCOTUS , Supreme Court of British Columbia , Supreme Court of Canada

British Columbia Court of Appeal Applies the Correctness Standard of Review to an International Arbitration

Over the last few years, there has been considerable uncertainty in Canada about the standard of review applicable to appeals from domestic arbitral awards. This uncertainty stemmed in large part from the conflicting views...more

2/11/2022 / Canada , International Arbitration , Lululemon , Standard of Review , Supreme Court of Canada

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