Domestic and International Arbitration

Privacy class actions gaining popularity

The past decade has seen a significant increase in the number of Canadian class actions filed following data breaches.

Choice of Law for Arbitration Agreements: A Case Comment on Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb, [2020] UKSC 38

A recent decision of the U.K. Supreme Court may help clarify which law governs an arbitration clause in a commercial contract when the...

Mediation-Arbitration in Canada

Mediation-Arbitration – also referred to as Med-Arb – is an innovative alternative dispute resolution process that begins with mediation and then...

United Mexican States v. Burr reinforces hesitance of Canadian courts to overturn decisions of international tribunals

In this international trade brief, we discuss the implications of United Mexican States v. Burr, 2020 ONSC 2376, a recent decision regarding an...

Wastech and discretion: The Supreme Court of Canada on the duty to exercise contractual discretion in good faith

In Wastech, the SCC sought to clarify the scope of the duty to exercise contractual discretionary powers in good faith previously recognized in...

Arbitration clauses and class actions: the cross-border dialogue continues in light of recent SCC and SCOTUS jurisprudence

The policy rationales that underpin enforcing arbitration agreements may potentially be at odds with those underpinning the class actions regime....

In the face of global change, international arbitration proves its flexibility

Arbitral institutions globally have responded with updates and practice guides to clarify and streamline their rules and procedures in order to...

Uber Technologies Inc. v. Heller: Implications for Arbitration and Employment Law

On June 26, 2020, the Supreme Court of Canada released its eagerly awaited decision in Uber Technologies Inc v. Heller (Heller). The Supreme Court...

Supreme Court of Canada rules Uber arbitration clause invalid and a ‘classic case of unconscionability’

The SCC released its decision in the closely watched case of Uber Technologies Inc v. Heller on June 26, 2020, and held that Uber’s arbitration...