Geoffrey Hunnisett Geoffrey Hunnisett

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...

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...

No do-over for NAFTA arbitration: Ontario court refuses to set aside award for procedural unfairness or bias

A recent Ontario Superior Court decision affirms that the burden on a party asserting procedural unfairness is high.

British Columbia Court of Appeal rules that arbitration clauses in standard form contracts are presumptively enforceable in the province

Distinct from the Supreme Court of Canada’s 2020 decision in Uber Technologies v. Heller, a recent case suggests that British Columbia courts...

Contractual rights and obligations in the context of COVID-19

The significant disruption caused by the global COVID-19 pandemic brings threats to stable contractual relations and the economic expectations that...