Canada

2024 in Review, Canada, Disclosure, Impartiality, State Immunity

(Woods LLP)/ /Leave a comment

Another trip around the Sun has brought a wealth of notable developments. Courts across Canada have addressed a multitude of issues, including challenges to arbitrators due to reasonable apprehension of bias (as previously discussed on this blog) or due to excess of jurisdiction (see commentary here), the distinctions between “awards” and other “decisions”, as well…

Canada, Enforcement, Investor-State arbitration, State Immunity

(McGill University, Faculty of Law)/ /Leave a comment

In Republic of India v CCDM Holdings (2024 QCCA 1620), the Quebec Court of Appeal (“the Court”) recently confirmed that India had waived its immunity from enforcement and reinstated a pre-judgment attachment of State assets which a first instance decision had previously quashed. Given creditors’ perennial efforts to have their awards enforced against States that…