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…
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…
In Vento Motorcycles, Inc. v. United Mexican States (“Vento”), a recent decision of the Ontario Court of Appeal in an investor-State arbitration case, a proposed intervener suggested that procedural…
The Supreme Court of Canada (“SCC”) recently delivered a judgment which, while dealing primarily with the issue of bank guarantees, serves as a window into a Paris-seated ICC arbitration between a…
Although parts of CETA have been provisionally applied since 21 September 2017, the parts not subject to provisional application – including the investment chapter (CETA’s Chapter Eight) which covers…
In 2023, Canadian courts were called to rule on a multitude of fascinating issues, including distinguishing arbitration from expert determination (Clearspring Capital Partners II v. Logistik Unicorp…
This Part 2 continues reflections on key arbitration-related developments in Canada during 2023. Whereas Part 1 addressed the courts’ approaches to arbitrator independence and impartiality and the…
On the first day of the 2023 Seoul ADR Festival, Secretariat Advisors hosted a double feature of panels relating to arbitration costs. The first panel focusing on the recovery of arbitration costs…
