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
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
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
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
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
On October 6, 2020, the International Court of Arbitration to the International Chamber of Commerce (ICC) adopted updates to its Rules of Arbitration, which will come into force on January 1, 2021. Among other things, the...more
On August 11, 2020, following input from external users, the London Court of International Arbitration (LCIA) issued a significant update to its 2020 LCIA Arbitration Rules. Among other things, the 2020 LCIA Rules include...more
8/28/2020
/ Arbitration ,
Arbitration Agreements ,
Arbitration Procedural Rules ,
E-Signatures ,
Electronic Communications ,
International Arbitration ,
LCIA ,
Legal Technology ,
Remote Hearings ,
UK ,
Videoconference ,
Virtual Litigation
In its recent decision, Flock Estate v Flock, 2019 ABCA 194, the Alberta Court of Appeal considered the extent to which evidence and submissions proffered in an arbitration might be admissible in a related court proceeding....more
6/27/2019
/ Admissible Evidence ,
Appeals ,
Arbitration ,
Arbitration Awards ,
Arbitrators ,
Confidential Information ,
Discovery ,
Document Productions ,
Evidence ,
Rules of Evidence ,
Testimonial Statements
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
In June 2017, Saudi Arabia, the United Arab Emirates (UAE), Bahrain and Egypt cut diplomatic, trade and travel ties with Qatar and imposed a blockade on the Gulf state, accusing it of supporting terrorism and developing a...more
2/7/2018
/ Arbitration ,
Bahrain ,
Bilateral Investment Treaties ,
Contract Disputes ,
Dispute Resolution ,
Egypt ,
Gulf Cooperation Council (GCC) ,
ICSID ,
International Arbitration ,
Qatar ,
Saudi Arabia ,
UNCITRAL ,
United Arab Emirates (UAE)
International arbitration is often selected over traditional litigation for resolving commercial disputes, as it is typically perceived that arbitrations can be undertaken more efficiently and swiftly than litigation. In...more
Canada has announced, on November 1, 2013, that it has ratified the ICSID Convention and will at long last become a member of the principal international rule-making and administrative body for disputes between investors and...more