Domestic and International Arbitration Domestic and International Arbitration

Interpreting time requirements in dispute resolution clauses

A recent decision clarified the interpretation of a dispute resolution clause that stipulated when parties must request mediation and/or arbitration.

Using artificial intelligence in arbitration: the Silicon Valley Arbitration and Mediation Center’s guidelines

The Silicon Valley Arbitration and Mediation Center has published a principle-based framework for the use of AI tools in arbitration.

Arbitrator’s objective duty to disclose under UNCITRAL Model Law does not require consideration of parties’ subjective expectations

Parties should take care in choosing a legal regime to govern arbitration in their agreements.

No set aside for constructive fraud under Ontario’s Arbitration Act

An Ontario Court of Appeal decision held that “fraud” in the Arbitration Act is limited to the common law definition and does not include the...

Crypto, competence-competence, and the courts: analyzing the Ontario Court of Appeal’s decision in Lochan v. Binance

Ontario Court of Appeal provides guidance on competence-competence principle and enforceability of arbitration clauses in standard-form contracts.

Waiving goodbye to your arbitration agreement: the pitfalls of seeking substantive relief from a court

A recent decision of the Court of Appeal for Ontario highlights the implications of seeking substantive relief from a court with respect to the...

Alberta Court releases first decision addressing adjudication under Prompt Payment and Construction Lien Act

The Alberta Court released its first decision addressing the streamlined adjudication process under the Prompt Payment and Construction Lien Act. In...

No property, no investment: Koch Industries’ carbon allowances not an ‘asset’ under NAFTA

The International Centre for Settlement of Investment Disputes (ICSID) recently released its highly anticipated decision in Koch Industries,...

Canadian and International Arbitration: A guidebook for effective arbitration

Overview Arbitration is not simply a private court procedure. It is a way to resolve disputes that allows the ability to choose a decision...

Skip the arbitration: mandatory arbitration clause in standard-form contract found unconscionable

In Pokornik v. SkipTheDishes Restaurant Services Inc, the Manitoba Court of Appeal has held that the arbitration clause in a standard form...