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Roopa Mathews (LALIVE), Dilber Devitre (Homburger)
New Generation Investment Treaties and Environmental Exceptions: A Case Study of Treaty Interpretation in Eco Oro Minerals Corp. v. Colombia
April 11, 2022

Environmental concerns now play an increasing role in investment disputes. In this regard, this post analyses the interpretation of an environmental carve-out in an investment treaty in the decision…

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Dina Prokic (Woods LLP)
Interviews with Our Editors: The VanIAC in the Spotlight with Barry Penner, QC
February 17, 2022

Established in 1986, the Vancouver International Arbitration Centre (“VanIAC”, formerly known as the British Columbia International Commercial Arbitration Centre) is an organization committed to…

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Dina Prokic (Woods LLP)
Enforcing Arbitration Agreements Against Non-Signatories in Canada
February 06, 2022

Canadian courts are frequently asked to rule upon the effects of arbitration agreements in the context of potential class actions. For example, the Supreme Court of Canada (“SCC”) has upheld…

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Alexa Biscaro (Norton Rose Fulbright Canada LLP)
The (Continued) Case for the Emancipation of Arbitration from Canadian Courts: Watch Your Language
January 26, 2022

In the legal world, countless hours are spent choosing, weighing and defining words, expressions and phrases, and linguistic precision is instilled as a virtue from the first day of law school. It is…

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Alexandra Mitretodis (Fasken LLP, VanIAC)
One Year Anniversary of British Columbia’s New Arbitration Act
November 23, 2021

British Columbia (“BC”) was the first Canadian jurisdiction to introduce modern arbitration legislation based on international standards in the UNCITRAL Model Law in 1986. Despite being an early…

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Alison FitzGerald (Norton Rose Fulbright Canada LLP), Rachel Howie (Dentons), Bruno Savoie (Mitsubishi Heavy Industries)
Highlights from CanArb Week 2021: The 2021 ICC Canada Conference - Leaning into the Future
October 22, 2021

As part of Canadian Arbitration Week, the 2021 ICC Canada Conference, titled Leaning into the Future, was designed to facilitate critical thinking and debate on several important topics in…

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Kylan Kidd, David Thiedemann (Burnet, Duckworth & Palmer LLP)
Highlights from CanArbWeek 2021: Lukewarm on Hot-tubbing – Effective Expert Collaboration Goes beyond the Joint Report
October 21, 2021

Just about everyone in the legal profession has made a small mathematical error in front of others and quipped, "well, that's why I went to law school". Clients hire lawyers for our legal reasoning,…

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Jocelyn Turnbull Wallace, Heather Maki (McCarthy Tétrault LLP)
Highlights from CanArb Week 2021: “New World New Rules” Tackles Transparency, Efficiencies, and Canadian Developments in Arbitration
October 20, 2021

Canadian Arbitration Week ran online from September 20 – 24, 2021 under the theme of adaptation and acceleration.  A timely focus as the pandemic continues to accelerate sweeping changes in the legal…

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Christina Doria, Brendan O'Grady (Baker McKenzie)
Has Forum Non Conveniens Gone the Way of the VCR Player? Canadian Court finds the Doctrine Obsolete in Age of Virtual Hearings
August 16, 2021

The COVID-19 pandemic has normalized virtual hearings. According to the Ontario Superior Court, this has made the doctrine of forum non conveniens obsolete. In Kore Meals LLC v Freshii Development…

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Dina Prokic (Woods LLP)
The Gift that Keeps on Giving: New Evidentiary Developments in the Canadian Installment of the Yukos Saga
August 06, 2021

Much ink has been spilled on the 2014 Yukos arbitral awards, and rightfully so. They are notorious for collectively breaking the previous record for the largest arbitral award in history. Their…

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