Domestic and International Arbitration

Alberta Court releases first decision addressing adjudication under Prompt Payment and Construction Lien Act

The Alberta Court released its first decision addressing the streamlined adjudication process under the Prompt Payment and Construction Lien Act. In...

No property, no investment: Koch Industries’ carbon allowances not an ‘asset’ under NAFTA

The International Centre for Settlement of Investment Disputes (ICSID) recently released its highly anticipated decision in Koch Industries,...

Canadian and International Arbitration: A guidebook for effective arbitration

Overview Arbitration is not simply a private court procedure. It is a way to resolve disputes that allows the ability to choose a decision...

Skip the arbitration: mandatory arbitration clause in standard-form contract found unconscionable

In Pokornik v. SkipTheDishes Restaurant Services Inc, the Manitoba Court of Appeal has held that the arbitration clause in a standard form...

‘Lacuna matata’: should we worry about a gap in B.C.’s domestic arbitration scheme?

The British Columbia Court of Appeal has found a gap in the province’s arbitration system that affects dispute deficiencies and appeals.

No do-over for NAFTA arbitration: Ontario court refuses to set aside award for procedural unfairness or bias

A recent Ontario Superior Court decision affirms that the burden on a party asserting procedural unfairness is high.

Court refuses to enforce ‘all-but-inaccessible’ arbitration agreement for crypto trading platform

A recent Ontario Superior Court decision found an arbitration agreement embedded in a standard form “click” contract to be unconscionable...

Alberta Court finds non-party bound to arbitrate when enforcing contractual warranties

A recent Alberta case found that beneficiaries of contractual warranties may be bound to arbitrate disputes arising from those contractual...

Inside arbitration: Osler’s Canadian Arbitration Blog

Arbitration continues to gain popularity in commercial agreements across a variety of industries. With our Canadian Arbitration Blog, our team...

British Columbia Court of Appeal rules that arbitration clauses in standard form contracts are presumptively enforceable in the province

Distinct from the Supreme Court of Canada’s 2020 decision in Uber Technologies v. Heller, a recent case suggests that British Columbia courts...