International Arbitration Blog

Syndicate content The International Arbitration Blog
Access expert commentary breaking down the most recent developments on international arbitration topics
Updated: 3 hours 19 min ago

Closing the Back-Door: An Administrative Law Approach to Admitting Fresh Evidence on Applications to Overturn an Arbitral Award

Tue, 2021-12-21 15:59

The guiding principles for admitting fresh evidence on appeal and fresh evidence on judicial review are well defined. However, the Ontario Superior Court of Justice recently observed that there were “no cases directly on point” for the admissibility of fresh evidence in an application to overturn an arbitral award.

Does a Party’s Participation in a Costs Proceeding Estop them from Claiming that the Time Period for Determining Costs has Expired?

Fri, 2021-11-12 11:09

In Meszaros v 464235 BC Ltd, 2021 BCSC 2012 (“Meszaros”)[1], Justice MacDonald of the Supreme Court of British Columbia declined to set aside an arbitrator’s decision that a responding party to a costs application, having participated in the proceeding, was precluded, or estopped, from asserting that the application for costs was out of time. However, Justice MacDonald did find an arguable point of sufficient substance was raised to warrant leave to appeal.

Saving Paper Could Cost You– Potential Perils of Incorporating Terms by Reference: Razar Contracting Services Ltd v. Evoqua Water

Tue, 2021-10-05 15:21

In Razar Contracting Services Ltd. v Evoqua Water, 2021 MBQB 69 (“Razar Contracting”), the Manitoba Court of Queen’s Bench refused to give effect to an arbitration clause located on the Defendant’s website, which the Defendant referenced in the purchase order it issued. Razar Contracting tells a cautionary tale about attempting to incorporate standard terms and conditions into a transaction merely by referencing where those terms can be found.