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Results: 1-10 of 22

Expert determination

  • Blake Cassels & Graydon LLP
  • -
  • Canada
  • -
  • March 11 2013

A recent judgment of the B.C. Supreme Court (the Court) in Haisla Nation v. Bear Creek Contracting Ltd. illustrates the importance of clearly

Why can't we just all get along? Lessons from the Court of Appeal on the arbitration of partnership disputes

  • Lawson Lundell LLP
  • -
  • Canada
  • -
  • September 13 2012

In recent years it has become increasingly common for commercial contracts to include arbitration clauses requiring disputes that arise under the contract to be resolved through arbitration rather than by recourse to the court process

Choosing a dispute resolution mechanism

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • August 2 2012

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

Doing business and raising capital in Canada

  • Torys LLP
  • -
  • Canada
  • -
  • June 29 2012

We have prepared this Business Law Guide as a general overview of certain legal and business matters that may be relevant to a decision to establish or invest in a business in Canada

No appeals from an arbitrator’s interim decision unless it is a final order

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • May 16 2012

The Ontario Court of Appeal has recently considered whether any appeal may be taken from a decision of an arbitral tribunal which is made prior to the final award

Role of mediation and arbitration clauses in class actions

  • Blake Cassels & Graydon LLP
  • -
  • Canada
  • -
  • February 8 2012

In a five-to-four decision, the SCC ruled in Seidel v. TELUS Communications that, in certain circumstances, consumers may pursue class action lawsuits even after signing a contract purporting to waive the right to do so

Stay for oppression proceedings pending arbitration of contract claims

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • 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

U.S. Supreme Court affirms a policy preference for arbitration

  • McCarthy Tétrault LLP
  • -
  • Canada, USA
  • -
  • November 24 2011

The United States Supreme Court has allowed the appeal in KPMG LLP v. Robert Cocchi, reinforcing its policy preference for arbitrability, even in cases where some causes of action are arbitrable, while others are not

New ICC rules effective 1 January 2012

  • Borden Ladner Gervais LLP
  • -
  • Canada, Global
  • -
  • November 9 2011

The International Chamber of Commerce recently published a revised set of rules, which will come into effect on 1 January 2012

Dispute resolution processes in entertainment contracts

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • October 18 2011

James Kosa wrote an interesting and thoughtful piece over at slaw last week: Shape-Shifting Dispute Processes: Adapting the Process to the Type of IT Dispute

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