International Arbitration Blog

Syndicate content The International Arbitration Blog
Access expert commentary breaking down the most recent developments on international arbitration topics
Updated: 1 day 17 min ago

Difficult to Escape: British Columbia Court of Appeal Reiterates Narrow Grounds of Appeal for Arbitral Awards

Wed, 2021-08-25 15:58

In Escape 101 Ventures Inc. v. March of Dimes Canada, 2021 BCCA 313, the Court dealt with an application by Escape 101 Ventures (the “Appellant”) for leave to appeal an arbitrator’s dismissal of claims related to an asset purchase agreement (the “Agreement”) entered into with March of Dimes Canada (the “Respondent”). In considering the three claims of extricable errors of law asserted by the Appellant, the Court found that leave to appeal was warranted on only one ground.

When Does a Party’s Conduct Impact its Ability to Enforce an Arbitration Agreement and Stay a Court Proceeding?

Tue, 2021-08-03 11:05

In CSI Toronto Car Systems Installation Ltd. v. Pittasoft Co., Ltd., 2021 ONSC 5117 (“Pittasoft”), Justice Sharma of the Ontario Superior Court of Justice refused to grant a stay of proceedings in favour of arbitration due to the conduct of the defendant, which estopped them from enforcing their arbitration agreement.

The Pendulum Swings: Parties to UNCITRAL Arbitrations Can Tender New Evidence as of Right on Jurisdictional Challenges

Tue, 2021-07-20 12:07

The Russian Federation v Luxtona Limited, 2021 ONSC 4604 (“Luxtona 2021”) is the latest installment in a series of decisions addressing the admissibility of new or “fresh” evidence on appeals from an arbitral tribunal’s jurisdiction decision arising in the context of the UNCITRAL Model Law on International Commercial Arbitration (the “ModelLaw”).

When is an arbitration hearing considered a “hearing” under Ontario arbitration legislation?

Tue, 2021-06-22 14:49

Arbitration proceedings are typically intended to provide the parties with a quicker, more cost-effective means of resolving disputes. But what happens when that process is streamlined further? Can an arbitral award be set aside if one of the parties was not given an opportunity to fully present its case?

In Optiva Inc. v. Tbaytel[1] (Optiva), the Ontario Superior Court of Justice (the “Court”) recently had the opportunity to consider whether a motion for summary judgment within an arbitration constitutes a “hearing” in the context of s. 26(1) of the Ontario Arbitration Act[2](the Act).

The Court found that summary judgment in this context can satisfy the requirements for a hearing under the Act. Given the similarity in the procedural requirements under the Act and the Ontario International Commercial Arbitration Act[3] (the ICAA”), this decision can likely shed light on what constitutes a hearing under both the Act and the ICAA.

Ontario Court Signals that Security for Costs Should Not Frustrate the Enforcement of Foreign Arbitral Awards

Tue, 2021-06-01 10:33

A recent appellate decision in China Yantai Friction Co. Ltd. v. Novalex Inc., 2021 ONSC 3571, strongly suggests the answer is -- no. In granting leave to appeal, the Court noted that the principle of comity, combined with Canada’s international commitments, likely means that when recognizing arbitral awards, security for costs should only be awarded in limited circumstances.