David Wahl on Arbitration Agreements

Clear and Explicit Contractual Language Required to Impose Arbitration on Third-Party Beneficiaries

The Alberta Court of Appeal in Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc, 2024 ABCA 369 recently held that parties attempting to impose an arbitration requirement on third-party...more

12/23/2024 / Arbitration , Arbitration Agreements , Arbitrators , Canada , Contract Terms , Contracts Clause , Mandatory Arbitration Clauses

Dancing the Two-Step to Appeal an Arbitration Award in Alberta

In its recent decision in Quanta Canada Holdings II ULC v Bremar Construction Ltd, 2024 ABKB 317, the Alberta Court of King's Bench (the Court) established a principled framework for considering an application for permission...more

7/29/2024 / Arbitration , Arbitration Agreements , Arbitration Awards , Arbitrators , Canada , Construction Industry , Contractors , Dispute Resolution , Subcontractors

How (Not) to Inadvertently Waive Your Right to Arbitrate

The recent Ontario Court of Appeal decision in RH20 North America Inc v Bergmann, 2024 ONCA 445 serves as useful reminder that a party can inadvertently waive its right to arbitrate a dispute if the party takes a step in the...more

6/17/2024 / Arbitration , Arbitration Agreements , Canada , Commercial Arbitration , Contract Disputes , Contract Terms , 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

An Arguable Case May Be All You Need to Go to Arbitration in Ontario

In the recent Ontario Court of Appeal decision in Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023 ONCA 260, the Court addressed the question of what standard of proof a party would need to meet...more

5/31/2023 / Arbitration , Arbitration Agreements , Canada , Commercial Arbitration , Commercial Arbitration Act , International Arbitration , Standard of Proof

A Tribunal's Interpretation of a Prior Arbitral Award: A Question of Law

In its recent decision in Kingsgate Property Ltd. v Vancouver School District No. 39, 2023 BCSC 560, the Supreme Court of British Columbia considered, among other things, whether an arbitral tribunal's interpretation of a...more

5/11/2023 / Arbitration , Arbitration Agreements , Arbitration Awards , British Columbia Supreme Court , Canada , Estoppel , Supreme Court of British Columbia

Ontario Court of Appeal Provides Clarity Regarding Appeals of Domestic Arbitral Awards

Commercial arbitration is widely perceived as a pathway to obtaining a final and binding decision (styled as an "award") that is not subject to appeal. However, this is not always the case in Canada. The degree of finality of...more

4/25/2023 / Arbitration , Arbitration Agreements , Arbitration Awards , Canada , Commercial Arbitration , International Arbitration

Incorporation of Arbitration Clauses by Reference: A Cautionary Tale

The British Columbia Supreme Court in MRC Total Build Ltd. v F&M Installations Ltd., 2019 BCSC 765 [MRC Total Build] recently considered an application by a general contractor to stay proceedings commenced by a subcontractor...more

6/6/2019 / Arbitration , Arbitration Agreements , British Columbia Supreme Court , Canada , Construction Industry , Contract Terms , General Contractors , Incorporated by Reference , Prime Contractor , Subcontractors , Unenforceable Contract Terms

David Wahl

Bennett Jones LLP

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