Arbitration Agreement, Arbitration Agreements, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL Model Law, Validity

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and (Queen's University Faculty of Law)/ /Leave a comment

As experienced negotiators know, the process of contract negotiation can give rise to fruitful and long-lasting business relationships. The parties may meet several times to develop the precise terms of their agreements, through videoconferences, in conference rooms, or over dinner and drinks. But for many contracts, the parties’ representatives never meet, limiting their negotiations to…

Canada, Commercial Arbitration, Employment arbitration, Uber v. Heller, UNCITRAL Model Law

(Vancouver Arbitration Chambers & Arbitration Place) and , (Queen's University Faculty of Law)/ /Leave a comment

From practically the moment the Supreme Court of Canada’s (SCC) decision in Uber Technologies v Heller was released, commercial arbitration practitioners and scholars—including on this blog—have criticized it for weakening the cherished competence-competence principle. We submit that those who defend Uber’s problematic arbitration clause in the name of protecting competence-competence love arbitration not wisely, but…

Canada, National Courts, UNCITRAL Model Law

(Queen's University) and (Queen's University Faculty of Law)/ /Leave a comment

With a feature presentation on “Major Milestones in Canadian Arbitration Law”, the Canadian Journal of Commercial Arbitration launched last week before an online audience of several hundred arbitration practitioners, scholars, and students from around the world. “Our aspiration for the Journal is to contribute materially to bringing together, and strengthening the professional bond, among all…

Arbitral Tribunal, Arbitration Institutions and Rules, Arbitrators, Diversity

(Queen's University Faculty of Law)/ /1 Comment
Institute for Transnational Arbitration (ITA)

Jay-Z changed the rap game. Can he change the arbitration game? In a new lawsuit, the rap star (legal name: Shawn C. Carter) seems to be trying. Carter has recently won a temporary order staying arbitration for a dispute in New York. The memorandum of law in support of the petition for a stay (filed…

Arbitrators, Diversity, ICSID, ICSID Arbitration, ICSID Convention

(Queen's University Faculty of Law) and (Queen's University)/ /3 Comments
Institute for Transnational Arbitration (ITA)

ISDS tribunals have an unfortunately accurate reputation for being “male, pale, and stale”. A welcome backlash to this state of affairs has arisen, but the discourse has focused almost entirely on one aspect of diversity: gender. For example, the Equal Representation in Arbitration Pledge has garnered over 2900 signatories, who have committed to appointing more…

Arbitration, Arbitration Act, Costs, Nigeria

(Queen's University Faculty of Law) and (Africa Arbitration Academy )/ /2 Comments
Institute for Transnational Arbitration (ITA)

The past few months have witnessed several momentous developments for international arbitration in Africa. Angola, Cabo Verde, and Sudan acceded to the New York Convention; South Africa adopted a new International Arbitration Act; the OHADA Council of Ministers adopted three new texts on arbitration and mediation; and the Nigerian Arbitration and Conciliation Act (Repeal and…