Category: Arbitration

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B.C. Supreme Court Extends Arbitration Agreement to Non-Signatories

November 29, 2017

In Northwestpharmacy.com Inc. v. Yates, the B.C. Supreme Court upheld an application by the defendants to stay legal proceedings in favour of arbitration, despite the fact that the defendants themselves were not signatories to the arbitration agreement. The decision demonstrates the generous approach taken by the courts to granting a stay in favour of arbitration, and confirms that although a…

CETA’s Impact on the Canadian Market

September 21, 2017

The Canada-European Union Comprehensive Economic and Trade Agreement is now in force, on a provisional basis, creating new opportunities for Canadian businesses. We will be releasing a number of resources to help you navigate this new landscape, including: A Primer on the Canada-European Union Comprehensive Economic and Trade Agreement Also, please see the following articles: CETA Now in Force: Are…

A Primer on the Canada-European Union Comprehensive Economic and Trade Agreement

September 21, 2017

CETA is the Comprehensive Economic and Trade Agreement between Canada and the European Union (EU) and its member states. CETA comprises 30 chapters of rules respecting trade between Canada and the EU. The agreement was signed by Canadian and EU leaders on October 30, 2016. CETA will enter into force, on a provisional basis, on September 21, 2017.

The Art of Arbitration: Role of In-House Counsel

May 30, 2017

Arbitration has a number of advantages when resolving domestic or international commercial disputes. Are you equipped to play your part in successfully managing the conduct of arbitrations? This interactive discussion focuses on the role of in-house counsel in domestic and international arbitrations. The panel discusses the stages of an arbitration, decisions that need to be made at critical junctures and tips…

Ontario Introduces New International Commercial Arbitration Scheme

May 26, 2017

Effective March 22, 2017, Ontario enacted the International Commercial Arbitration Act, 2017 (ICAA), replacing a previous version of the law that had been in effect since 2006. The new ICAA includes changes which are designed to modernize international commercial arbitration in Ontario and to make Ontario a more desirable place to arbitrate such disputes. The ICAA applies to all international…

ICC Looks to Streamline Arbitrations with Amended Rules

February 2, 2017

The International Chamber of Commerce (ICC) is streamlining its arbitration process to reduce the length and cost of arbitrations and has released amendments to its Rules of Arbitration (ICC Rules), which will come into force on March 1, 2017. Among the most notable changes is a new expedited procedure for resolving disputes in which the amount claimed is less than…

Dispute Resolution under CETA: A New Investment Court for Canada and Europe

December 15, 2016

Canada and the European Union recently signed the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), which establishes a new tribunal, called the Investment Court System, to resolve investor-state disputes. CETA’s rules on investor-state dispute settlement contain numerous innovations that distinguish the agreement from existing investment treaties. The new tribunal and rules could be a model for future international agreements…

Doing Business in Canada

September 9, 2016

ICSID Tribunal: State Imposed Tobacco Control Measures Do Not Violate Investment Treaty Obligations

July 27, 2016

The International Centre for Settlement of Investment Disputes (ICSID) tribunal recently released its decision in Philip Morris v. Uruguay, holding that tobacco control regulations implemented by a state to protect public health do not violate the state’s investment treaty obligations. The decision comes six years after Philip Morris Brand Sàrl (PMB), Philip Morris Products S.A. (PMP) and Abal Hermanos S.A….

It’s Just Notice: Ontario Court of Appeal Holds that Rules of Service Do Not Interfere with State Sovereignty

June 9, 2016

In a decision released on June 3, 2016, the Ontario Court of Appeal (Court) rejected the proposition that Canada’s international law obligations require that service of an originating process in a non-Hague Convention state, for the purpose of an Ontario action, has to be made in accordance with the laws of the foreign state. In dismissing the defendants’ appeal in…

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