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Federal Court of Appeal finds Competition Act claims to be arbitrable

Borden Ladner Gervais LLP
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Canada
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March 21 2013

In Murphy v Amway Corporation (2013 FCA 38) the Federal Court of Appeal considered whether class claims brought under the Competition Act are

Choosing a dispute resolution mechanism

Borden Ladner Gervais LLP
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Canada
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September 20 2012

Businesspeople and corporate counsel often seem not to pay much attention to their choice of dispute resolution mechanism when negotiating a contract

The scope of the ‘unlawful means’ tort clarified (maybe)

Borden Ladner Gervais LLP
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Canada
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July 10 2012

Torts geeks, take note

Fatigue is not a disease, says arbitrator

Borden Ladner Gervais LLP
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Canada
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April 27 2012

A recent Quebec decision has confirmed that fatigue was not considered a disease for the purposes of an employee’s entitlement to disabilty benefits, under a collective agreement

Alberta Court of Appeal declines to upset foreign arbitral award

Borden Ladner Gervais LLP
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Canada
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February 15 2012

A November 2011 decision of the Alberta Court of Appeal is the latest chapter in a longstanding case involving efforts by Pertamina, the Indonesian national oil & gas company, to prevent the enforcement of a Swiss arbitral award in favour of KBC, a Cayman Islands company

Stopping the tail from wagging the elderly elephant: an end to a vexatious proceeding in Alberta

Borden Ladner Gervais LLP
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Canada
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January 19 2012

An ‘endless repetition of failed litigation’ appears to have come to an end in Karaha Bodas Company LLC v Perusahaan Pertambangan Minyak Dan Gas Bumi Negara, 2011 ABCA 291

Ontario courts consider jurisdiction of NAFTA tribunals

Borden Ladner Gervais LLP
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Canada
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January 5 2012

The Ontario Court of Appeal has held that when an application is brought under the United Nations Commission on International Trade Law Model Law to set aside an arbitral award, made under Chapter 11 of the North American Free Trade Agreement, on the grounds of jurisdictional error, the standard of review to be applied by a court is 'correctness', not 'reasonableness'

Stay for oppression proceedings pending arbitration of contract claims

Borden Ladner Gervais LLP
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Canada
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December 22 2011

A potential tug-of-war between courts and arbitration tribunals concerning their respective roles in shareholder disputes involving both statutory and contractual claims has been averted

Stay denied where dispute fell under oral agreement and outside arbitration clause

Borden Ladner Gervais LLP
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Canada
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December 1 2011

The recent case of Padmawar v Altig provides a useful summary of the test for determining whether a stay of proceedings should be granted in accordance with the Commercial Arbitration Act of British Columbia

Is a charterparty a contract for carriage of goods by water?

Borden Ladner Gervais LLP
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Canada, USA
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November 17 2011

Companhia Siderurgica Paulista (COSIPA), BLG’s client, concluded a Gencon-form voyage charterparty with Fednav (disponent owner of the defendant vessel), for the carriage of steel coils from Brazil to the U.S.A. and Canada

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