Canada’s arbitration landscape is evolving rapidly. Recent empirical data provides a detailed snapshot of how arbitration is practiced in the country. The Canadian Arbitration Report 2024 (“Report…
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…
In July and August 2024, the Court of Appeal for Ontario (CA) and the Ontario Superior Court of Justice (SCJ) have addressed critical questions concerning the jurisdiction of arbitration tribunals.…
On 11 April 2024, the Ontario Superior Court of Justice (“Court”) issued its decision in Ballantry Construction Management Inc. v GR (CAN) Investment Co. Ltd., arising from an application to enforce…
For the first time under Rule 54(2) of the ICSID 2022 Arbitration Rules, the Tribunal in Ruby River Capital LLC v. Canada (ICSID Case No. ARB/23/5) had to decide on a request for suspension of the…
