Where the terms of an arbitration prescribe the “seat” or “place” of the arbitration to be Jurisdiction A, but the parties choose to conduct the arbitration in Jurisdiction B, is judicial review of…
Competence-competence is fundamental to arbitration. It prevents costly and onerous court proceedings from frustrating the dispute resolution process. For competence-competence to be effective,…
In a tribunal comprising three members, a unanimous arbitral award depicts the agreement of all members to the award. It has been argued that a single arbitrator’s bias in such a tribunal does not…
The Ontario Court of Appeal (“The Court”) has overturned the decision of an application judge who refused to set aside an arbitral award despite a finding of a reasonable apprehension of bias…
Another trip around the Sun has brought a wealth of notable developments. Courts across Canada have addressed a multitude of issues, including challenges to arbitrators due to reasonable apprehension…
In Republic of India v CCDM Holdings (2024 QCCA 1620), the Quebec Court of Appeal (“the Court”) recently confirmed that India had waived its immunity from enforcement and reinstated a pre-judgment…
