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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

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

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

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

In its recent decision inĀ 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

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

Updates to ICC Arbitration Rules Aim for More Efficient, Flexible and Accountable Arbitrations

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

Long-Awaited Amendments to LCIA Arbitration Rules to Result in Streamlined, Tech-Friendly Arbitrations

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

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

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