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Monday, April 23, 2018 @ 9:18 AM

Why dissent in arbitration tribunals must be encouraged arbitration_dissent_sm

A number of arbitrations have arbitral tribunals made up of a panel of three arbitrators. This is the case with larger arbitrations or in jurisdictions where there is no right of appeal and the parties want greater legal certainty from numbers. In cases where there is a three-member panel, there is always the possibility of a dissent. However, the role of the dissent in arbitration is not well understood by counsel and requires some clarification. ... [read more]

Monday, April 16, 2018 @ 7:58 AM

Newly introduced amending legislation designed to modernize B.C.’s arbitration regime William Horton

The government of British Columbia is moving to change its legislation on international commercial arbitration in order to attract more business to the province, a move observers say is needed to more closely align the province with accepted international standards. ... [read more]

Tuesday, April 10, 2018 @ 8:42 AM

Family law report shows marked contrast in adversarial and non-adversarial processes | John-Paul Boyd

The Canadian Research Institute for Law and the Family has just released a new report comparing the expense, efficiency and efficacy of different resolution processes in family law disputes. The study was undertaken with the Canadian Forum on Civil Justice, as a part of the forum’s seven-year Cost of Justice project, and examined the views of 166 lawyers practising in Alberta, British Columbia, Ontario and Nova Scotia on collaborative negotiation, mediation, arbitration and litigation. ... [read more]

Friday, April 06, 2018 @ 9:03 AM

Strict compliance to form essential in family arbitration agreements divorce_agreement_sm

Family arbitration in Ontario under the Arbitration Act requires that counsel respect certain formalities when concluding an arbitration agreement, failing which the agreement and the award are of no force or effect.  This is an exception to the general rule in commercial arbitration where the mere intention of entering into an arbitration agreement is sufficient to bind the parties. ... [read more]

Thursday, April 05, 2018 @ 1:44 PM

DLA Piper (Canada) hires associate

Nivedhya (Nivi) Ramaswamy is the latest associate to join DLA Piper (Canada) LLP. ... [read more]

Thursday, April 05, 2018 @ 1:04 PM

Queen’s professor part of grant-winning team

A team that includes a faculty member from a Canadian law school has been awarded a grant of 1.1 million pounds to look into the matter of international commercial arbitration. ... [read more]

Wednesday, March 28, 2018 @ 2:31 PM

Dentons adds partner for Vancouver office

Dentons Canada LLP has taken on not just a new partner, but a new head of litigation and dispute resolution in Vancouver. ... [read more]

Monday, March 26, 2018 @ 9:11 AM

Why appealing commercial arbitration awards is an uphill struggle uphill_struggle_sm

Nowhere is the policy underlying commercial arbitration more important than where an appellate Court subjects an arbitral award to judicial scrutiny.  Canadian appeal Courts are increasingly showing deference to commercial arbitration decisions in order to honour what was intended to be a final resolution of the parties’ dispute. ... [read more]

Monday, March 19, 2018 @ 8:48 AM

Sufficiency of reasons in arbitration awards: A variable standard arbitration_decision_sm

The domestic Arbitration Act that is shared by most Canadian jurisdictions contains a provision that requires that an arbitral tribunal provide a written award that contains the reason on which it is based. The standard that must be met by an arbitral tribunal in order to discharge this statutory obligation remains the subject of debate, especially in a context where there are few decided cases in Canada. ... [read more]

Tuesday, March 13, 2018 @ 8:41 AM

Balancing fairness, efficiency under International Commercial Arbitration Act fairness_efficiancy_sm

​​​​The new International Commercial Arbitration Act of Ontario contains a mechanism for the correction and interpretation of an award and provisions allowing the arbitral tribunal to make additional awards. The Act adopts the UNCITRAL Model Law which has also been adopted by a number of other foreign jurisdictions. ... [read more]