Canada

Arbitration, Arbitration Act, Canada, Consumer contracts, Enforcement of an arbitration clause, North America

(McGill University Faculty of Law)/ /2 Comments
Institute for Transnational Arbitration (ITA)

Anyone considering Canada as the seat of an arbitration or as one among several jurisdictions where recognition and enforcement proceedings could be commenced should pay close attention to the Supreme Court of Canada’s March 18 decision in Seidel v. TELUS Communications Inc., 2011 SCC 15, which appears to mark a philosophical shift in Canadian arbitration…

Africa, Asia-Pacific, BIT, Canada, Energy Charter Treaty, Europe, International arbitration, International Law, Investment agreements, Investment Arbitration, Investment protection, NAFTA, North America, Russia, Set aside an arbitral award, Set aside an international arbitral award, South America

(Investment Arbitration Reporter)/ /Leave a comment

Last year, around this time, I offered a list of 10 investor-state arbitral awards I hoped to see in 2010. If time permits, I may do another list for 2011. But, first I thought I’d take a look back at last year’s list and offer a brief update on those cases. Rather, than do all…

Canada, ICSID Convention, Investment Arbitration, Investment protection, NAFTA, North America

(White & Case)/ /Leave a comment
White & Case

Three different investors, with three different claims, in three different situations, have recently been in the news. All three disputes have a Canadian connection. Two involved claims by foreign investors against Canada, one that settled and one that Canada defeated. The third involves a claim by a Canadian investor against the Democratic Republic of Congo….

Arbitration Proceedings, Canada

(Caribbean Arbitrators, Arbitration Place, 33 Bedford Row Chambers)/ /1 Comment

So far in 2010, at least two jurisdictions have established specialized courts to handle international arbitration matters ─ Australia (in the state of Victoria) and India (in Bombay). Australia: Within Australia’s federal structure, international arbitration matters are in the jurisdiction of state supreme courts. In 2009, Australia’s Parliament gave the Federal Court concurrent jurisdiction over…

Canada, ICSID Convention

(White & Case)/ /Leave a comment
White & Case

A significant majority of countries in the world have demonstrated that they see benefits in being a member of ICSID by ratifying the ICSID Convention (Convention on the Settlement of Investment Disputes Between States and Nationals of Other States). 144 states have ratified the treaty, and an additional 11 – including Canada – have signed…

Canada, North America, UNCITRAL Model Law

(Caribbean Arbitrators, Arbitration Place, 33 Bedford Row Chambers)/ /1 Comment

It is true that Canada did not qualify for FIFA’s World Cup and did not dominate at the Winter Olympics. However, when it comes to the UNCITRAL Model Law on Commercial Arbitration, Canada is a leader. This year marks the 25th anniversary of the Model Law. Since becoming the first state signatory to the Model…