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How momentous is this? New SCC ruling on forum selection and arbitration clauses

McCarthy Tétrault LLP
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Canada
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April 10 2012

In twelve short paragraphs, the Supreme Court of Canada’s new judgment in Momentous provides helpful guidance on the question of whether a motion to dismiss on jurisdictional grounds may be brought after the delivery of a Statement of Defence

Can an arbitration award be set aside for unreasonableness?

McCarthy Tétrault LLP
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Canada
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November 24 2012

If an arbitration agreement states that there is to be no appeal from the award under the agreement, can a party seek judicial review on the ground that the award is unreasonable?

Federal Court of Appeal holds that Competition Act claims are arbitrable

McCarthy Tétrault LLP
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Canada
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February 26 2013

By Byron Shaw In a decision released on February 14, 2013, the Federal Court of Appeal stayed a proposed class action alleging breaches of the

How many times can a contractor sue the owner under the same construction contract?

McCarthy Tétrault LLP
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Canada
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June 13 2012

Can a contractor bring several claims against the owner arising from the same building contract?

Tattoo and body piercing rule unreasonable: need to show adverse effect

McCarthy Tétrault LLP
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Canada
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January 29 2013

An Ontario arbitrator has decided an issue of increasing concern to employers everywhere - what can be done about tattoos and body piercings? The

Can an arbitration survive fraud?

McCarthy Tétrault LLP
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Canada, United Kingdom
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July 16 2012

When material evidence tendered to an arbitral tribunal is fraudulent, we expect the court having jurisdiction to be very inclined to set the award aside

Alcohol consumption and fatigue of employees in safety sensitive positions: recent decisions demonstrate new trends

McCarthy Tétrault LLP
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Canada
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September 7 2011

On July 18, arbitrator Carol Jobin issued a ruling authorizing an employer’s zero tolerance policy regarding alcohol consumption of employees in safety sensitive positions and recognizing that fatigue is a factor which may cause impairment

Playing offence, not defence, in international arbitrations

McCarthy Tétrault LLP
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United Kingdom
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February 13 2012

What is the best way to protect the authority of international commercial arbitrations?

When does an arbitral limitation period commence?

McCarthy Tétrault LLP
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Canada
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August 28 2012

An arbitration is usually considered to be a less formal type of dispute resolution than court litigation

Arbitration clauses, consumer contracts and class proceedings: the Canadian approach

McCarthy Tétrault LLP
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Canada
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August 2 2007

The limited Canadian case law dealing with the enforceability of mandatory arbitration clauses in consumer contracts has been inconsistent, with courts in Ontario, British Columbia and Québec reaching somewhat different conclusions

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Search results

How momentous is this? New SCC ruling on forum selection and arbitration clauses

Can an arbitration award be set aside for unreasonableness?

Federal Court of Appeal holds that Competition Act claims are arbitrable

How many times can a contractor sue the owner under the same construction contract?

Tattoo and body piercing rule unreasonable: need to show adverse effect

Can an arbitration survive fraud?

Alcohol consumption and fatigue of employees in safety sensitive positions: recent decisions demonstrate new trends

Playing offence, not defence, in international arbitrations

When does an arbitral limitation period commence?

Arbitration clauses, consumer contracts and class proceedings: the Canadian approach

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