Uber v. Heller

Arbitration Agreement, Arbitration Agreements, Third party funding, Uber v. Heller

(Creel, García-Cuéllar, Aiza y Enríquez)/ /Leave a comment

Uber Technologies Inc. v. Heller raises questions on the possibility of third-party funding limiting unconscionable arbitration agreements. This post examines (I) how third-party funding could reduce the amount of unconscionable arbitration clauses and (II) how it could promote more specific criteria for the doctrine of unconscionability. Finally, this post offers some concluding remarks.   I. Third-Party Funding…

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

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Most individuals with involvement in international arbitration—as a scholar, practitioner, arbitrator, or as a brave student participating in a moot competition—have cited Gary Born for some legal principle. Indeed, sometimes this name is cited by opposing sides in support of their contrary legal arguments. While this has been a common practice among students and, in…

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…

Arbitration Agreement, Canada, Domestic Courts, Employment arbitration, Uber v. Heller, UNCITRAL Model Law

(Lenczner Slaght Royce Smith Griffin LLP)/ /3 Comments

On June 26, 2020, the Supreme Court of Canada (“SCC”) released a decision with significant implications for international businesses by placing significant limits on the application of arbitration clauses.   Background The case, Uber Technologies Inc. v Heller (2020 SCC 16 ) (“Heller”), involved a challenge to Uber’s standard agreement with drivers requiring disputes to…