News & Analysis as of

Commercial Arbitration Supreme Court of Canada Arbitration

Bennett Jones LLP

Ontario Court of Appeal Strikes Important Balance in Applying Exceptions to the Kompetenz-Kompetenz Principle

Bennett Jones LLP on

Last week, the Ontario Court of Appeal released its decision Lochan v Binance Holdings Limited, 2024 ONCA 784 [Binance], in which it refused to stay a class action proceeding in favour of arbitration. In doing so, the Court...more

Bennett Jones LLP

Another Brick in the Wall: British Columbia Court of Appeal Confirms Framework for Determining Arbitral Jurisdiction

Bennett Jones LLP on

For many reasons, including delays in the litigation system, choice of decision-maker and procedural flexibility, arbitration appears to be increasing in popularity as a means to resolve commercial disputes. But what happens...more

Bennett Jones LLP

How (Not) to Inadvertently Waive Your Right to Arbitrate

Bennett Jones LLP on

The recent Ontario Court of Appeal decision in RH20 North America Inc v Bergmann, 2024 ONCA 445 serves as useful reminder that a party can inadvertently waive its right to arbitrate a dispute if the party takes a step in the...more

Bennett Jones LLP

Alberta Court Articulates Important Exceptions to the Kompetenz-Kompetenz Principle and the Scope of Arbitration Clauses

Bennett Jones LLP on

A recent decision of the Alberta Court of King’s Bench in Orica Canada Inc v ARVOS GmbH, 2024 ABKB 97 [Orica] has attracted considerable attention among members of the arbitration bar. In it, the Court of King’s Bench...more

Bennett Jones LLP

Arbitration Angle - 2023 Edition - Reflecting On A Year Of Decisions And Looking Ahead

Bennett Jones LLP on

UN Member States Adopt Code of Conduct for Arbitrators in Investor-State Disputes - At its 56th annual session held in Vienna in July 2023, the United Nations Commission on International Trade Law (UNCITRAL) formally...more

Bennett Jones LLP

The Appeal in Teal: SCC Majority Restores Commercial Arbitrator's Award

Bennett Jones LLP on

The Supreme Court has again restricted the scope of appeals from decisions of commercial arbitrators, this time upholding an arbitrator's award of compensation under a British Columbia statute by a close majority....more

6 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide