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Privy Council Overturns Arbitral Award for “serious irregularity”

Tue, 2021-04-27 15:50

In RAV Bahamas Ltd and another v. Therapy Beach Club Incorporated[1], a decision of the Court of Appeal of the Bahamas to uphold an arbitral award was overturned by the Judicial Committee of the Privy Council (“the Privy Council”) on the basis of “serious irregularity”.

The Path Forward – The IBA Updates its Rules on the Taking of Evidence in International Arbitration

Wed, 2021-04-21 16:06

On February 15, 2021, the International Bar Association (“IBA”) released its latest update on the “IBA Rules on the Taking of Evidence in International Arbitration” (the “2020Rules”).[1] This update follows the hard work of the 2020 Review Task Force, which, as past review subcommittees have done[2], strived to clarify the existing rules and alter any rules warranting reflection, in consideration of the shifting procedural ground and public comments of practitioners and counsel alike.

Toronto Commercial Arbitration Society Releases Final Report on Recommendations for Streamlining Arbitration in Ontario

Tue, 2021-04-06 13:53

The Arbitration Act Reform Committee (“AARC”) of the Toronto Commercial Arbitration Society recently released its final report with recommendations for streamlining arbitration in Ontario. The AARC’s mandate was to consider reform of Ontario’s Arbitration Act, 1991, as it relates to commercial arbitration. The final report includes a thorough set of recommendations for reforming the statutory framework, and, as a result, the conduct of commercial arbitrations in Ontario.

Timely and Necessary: Updates to the ICDR’s International Dispute Resolution Procedures Take Effect on March 1, 2021

Fri, 2021-03-19 16:10

The International Centre for Dispute Resolution (“ICDR”) issued amended rules (the “ICDR Rules”) that took effect on March 1, 2021. Following a year-long review of the ICDR Dispute Resolution Procedures, these changes relate to both the Arbitration and Mediation Rules. The Arbitration Rules were last revised in 2014, while the Mediation Rules have not been revised since 2008.

To Bifurcate or Not? The Ontario Court of Appeal Prohibits Appeal on a Preliminary Question of Jurisdiction

Wed, 2021-03-10 12:01
Why This Decision is Important

In United Mexican States v Burr, 2021 ONCA 64 (“Mexico v Burr”), the Ontario Court of Appeal (the "Court") addressed a nuanced distinction for parties seeking to challenge an arbitral tribunal's award on jurisdiction as “a preliminary question” under Article 16(3) of the UNCITRAL Model Law on International Commercial Arbitration (the "Model Law") as opposed to “in an award on the merits” under Article 34 of the Model Law.

My Choice of Forum? Not So Fast, When Arbitration Is An Option

Wed, 2021-02-24 18:35

The Ontario Superior Court of Justice recently provided clarity in Bakaris v. Southern Sky, 2020 ONSC 7306, as to how parties ought to proceed when their agreements require that disputes both be arbitrated and be brought before the courts.

“And bad mistakes, I've made a few…” (Apologies to Queen)

Wed, 2021-02-17 11:52

Overview

Sir Ross Cranston commences his reasons in the case of Doglemore Trade Ltd v. Caledor Consulting Ltd [2020] EWHC 3342 (Comm), by quoting Sir John Donaldson MR in The Montan: “[M]istakes will occur even in the practices of the best of arbitrators”. While unfortunate, mistakes can occur. In such cases, one can seek relief from the tribunal or the courts. The mistake in Doglemore Trade Ltd v. Caledor Consulting Ltd, although seemingly obvious, required an application to the courts for relief.

ICC Adapts to the “New Normal” with 2021 Rules of Arbitration

Mon, 2021-01-25 15:05

The International Chamber of Commerce (“ICC”) has introduced new rules for arbitration (the “2021 Rules”) that will apply to cases filed from January 1, 2021 onward. The 2021 Rules respond to the global pandemic by modernizing procedures and increasing the role of technology.

The previous arbitration rules came into force on March 1, 2017 (the “2017 Rules”) and will continue to apply to cases registered before January 1, 2021.