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Results: 1-10 of 58

Federal Court of Appeal holds that Competition Act claims are arbitrable

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • 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

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

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • 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

Does the UNCITRAL Model Law apply to a claim under The Consumer Protection Act?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • January 6 2013

The Queen's Bench Court for Saskatchewan recently applied the Saskatchewan International Commercial Arbitration Act (SICAA) and the UNCITRAL Model law

Third time’s the charm the United States Supreme Court to consider the availability of class arbitration for the third time in American Express Company v. Italian Colors Restaurant

  • McCarthy Tétrault LLP
  • -
  • Canada, USA
  • -
  • December 3 2012

The United States Supreme Court has granted leave to appeal in a case that will clarify whether federal arbitration law permits the invalidation of arbitration agreements on the basis that they do not permit class arbitration

Can an arbitration award be set aside for unreasonableness?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • 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?

Six points to consider before commencing an arbitration

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • November 19 2012

On October 10, 2012, I gave a speech at an Advocates’ Society program

The new Canada-China foreign investment agreement: will the UNCITRAL arbitration rules result in enforceable justice?

  • McCarthy Tétrault LLP
  • -
  • Canada, China
  • -
  • October 12 2012

Canada has recently signed a Foreign Investment Promotion and Protection Agreement (FIPA) with the People’s Republic of China

A primer on the new China-Canada bilateral investment treaty

  • McCarthy Tétrault LLP
  • -
  • Canada, China
  • -
  • October 4 2012

On September 26, 2012, the Canadian government tabled a new Agreement for the Promotion and Reciprocal Protection of Investments with China, a bilateral investment treaty, also referred to as a Foreign Investment Protection and Promotion Agreement

Can someone be compelled to arbitrate by estoppel?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • September 4 2012

Can the conduct of the parties after they have signed a commercial contract influence the interpretation of the arbitration agreement contained in that contract?

When does an arbitral limitation period commence?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • August 28 2012

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