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.
rhorta
Posts by rhorta
Warkentin: Ontario decision clarifies distinction between a corporation’s employee and controlling mind
It is important for companies to obtain signed releases from workers in the context of company sale purchases.
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 merits…
‘Deal with this escape hatch’ — B.C. Securities Commission calls for bankruptcy law reform following Supreme Court of Canada decision
The Supreme Court of Canada’s recent decision in Poonian v. British Columbia has prompted the B.C. Securities Commission to call for bankruptcy law re…
Ontario Court of Appeal confirms duty to provide honest reasons for termination
A recent Ontario Court of Appeal decision elaborated on the longstanding theory that employers owe a duty of honest performance upon termination. Wher…
Long awaited U.S. Supreme Court ruling curtails SEC’s use of administrative courts
On June 27, 2024, the United States Supreme Court (SCOTUS) released its ruling [PDF] on what has been a decade-long dispute between the Securities Exc…
Beware the contractual limitation period
A recent Ontario court decision addressed the issue of a contractual limitation period. The decision is a reminder to parties to be mindful of their c…
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 d…
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, Inc….
