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How broadly should an arbitration clause be worded?

ACTION FOR DEFAMATION FALLS WITHIN SCOPE OF BROADLY WORDED ARBITRATION CLAUSE 9302-7654 Québec inc. (Team Productions) c. Bieber 2017 QCCS 1100 (CanLII) A Quebec court ruled that an action for ...

Does dispute resolution take precedence over a party’s right to unilaterally terminate a commercial contract?

DISPUTE RESOLUTION PROVISION DEEMED TO APPLY AS A MATTER OF ‘SOUND COMMERCIAL PRINCIPLE’ AND ‘GOOD BUSINESS SENSE’ Bombardier Transportation Canada Inc. v Metrolinx 2017 ONSC 2372 (CanLII) ...

Can a party forgo the process of arbitration when it is written into an agreement?

EXCLUSIONS FROM ARBITRATION PROCESS MUST BE CLEARLY STATED IN THE CONTRACT Okanagan Pellet Company Inc. v. Pinnacle Pellet Inc. 2012 BCSC 207 (CanLII) A court held that when the parties have cle...

Under what circumstances can the governing law written into an agreement be superceded?

CHOICE OF FORUM/GOVERNING LAW CLAUSE WILL PREVAIL UNLESS "STRONG CAUSE" SHOWN Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd. 2012 SCC 9 The Supreme Court of Ca...

Does a governing law clause have any bearing in decisions about extracontractual matters?

GOVERNING LAW CLAUSE IN MARITIME SUPPLY CONTRACT USED TO DETERMINE GOVERNING LAW JPMorgan Chase Bank v. Lanner (The) [2009] 4 FCR 109, 2008 FCA 399 (CanLII) The Federal Court of Appeal used the ...

In the absence of a governing law clause, what should be taken into consideration when deciding what law will govern a contract?

GOVERNING LAW DEPENDS ON 'REAL CONNECTION' TO JURISDICTION IF THE CONTRACT DOES NOT CONTAIN A CHOICE OF LAW CLAUSE New Holland (Canada) Credit Company v. MacPherson 2003 CanLII 23201 (ON SC) In ...

What Makes a Contract Enforceable?

It’s your average Saturday night in the big city. A woman meets a man at a bar. He offers to buy her a drink. She happily accepts and they exchange phone numbers. The next morning, the wom...

IOC Not “Russian” to Enforce Full Olympic Ban

  Despite widespread state-supported doping among Russian athletes at the 2014 Sochi Olympics, the International Olympic Committee (IOC) declined to give a blanket ban on Russia’s ...

It’s Not a Love Story: Taylor, Kanye and Privacy Concerns with Snapchat

  Thanks to social media, it is not difficult to achieve your claim to fame. However, it also is not difficult to receive unwanted attention or fame. Social media platforms, such as I...

Arbitration: How to Prepare for War – Legal War That Is

Going to court or going to war? For most people, the two words refer to the same thing when it comes to legal disputes. To avoid ‘going to war’, dispute resolution methods such as arbitration are ...

New American Arbitration Association Rules Require Teleconference

New American Arbitration Association rules require that parties must try to resolve issues first through a teleconference with an arbitrator. They will be permitted to file written motions only if the...

Multi-Tiered Dispute Resolution Clauses Enforceable If 4 Criteria Are Met

Multi-tiered dispute resolution clauses may be enforceable if the procedure is certain (eg. specific mediator or center is specified); mandatory language is used ('shall' instead of 'may'); a clear ti...

‘Informal Negotiation’ Or ‘Friendly Discussion’ Clause May Constitute Condition Precedent to Arbitration

If the requirement to attempt to resolve a dispute through 'friendly discussion' or informal negotiations is mandatory, time limited, contained in the dispute resolution clause, and arbitration is to ...

Lack of Time Limit Results in Filing of Arbitration Notice 5 Years After Dispute Arose

A municipality was served with a notice of arbitration disputing the valuation of expropriated land 5 years after the expropriation, because there was no time limit on the ability to file a notice. Pa...

$800,000 Purchases University’s Release From Sexual Assault Litigation

A settlement is beneficial to the defendant in two distinctive ways. It terminates the legal action, and permits the defendant to end the litigation without admitting to any wrongdoing. The article...

County Commissioners Reconsider ‘Controversial’ 3 Step Dispute Resolution Mechanism in Proposed Contract

A three step dispute resolution mechanism which moved from informal negotiation to mediation to binding arbitration, was questioned as being prohibitively expensive for a county when compared to the r...

Settling Is Not Admitting

A settlement does not have to be an admission of wrongdoing. Most settlement agreements contain a statement that the settlement does not constitute an admission of wrongdoing. This is done to help pro...

Release Negotiation Strategies Are Important

The purpose of a settlement agreement is to “bury the hatchet” between the parties once and for all. The justice system encourages settlement as it avoids trials. However, it is essential for both...

Seek Forum for Arbitration with Best Prospect of Achieving and Enforcing Successful Contract

While international arbitration seeks to aid in the legal predictability and stability of international contracts by providing for the neutral, impartial, centralized and enforceable resolution of dis...

London Court of International Arbitration (LCIA) Revises Rules to Include Provisions on Conduct of Counsel, Emergency Arbitration, and Consolidation of Arbitrations

The LCIA has made changes to its rules which require parties to an LCIA arbitration to require their counsel to comply with rules of conduct. In addition, the LCIA has made changes which facilitate th...

Can Consumers Be Forced into an Arbitration Agreement by ‘Liking’ a Brand on Facebook and Receiving a Coupon?

When will a website user be bound by an arbitration clause that is buried in the Terms of Use Agreement? When addressing such questions, courts look to the basic principles of contract formation - the...

Court May Stay Proceedings in Favour of Arbitration Where Binding Arbitration Clause Covers Dispute and Parties Have Given Notice of Arbitration

A court may stay proceedings brought against a contractor to repay wages paid by the counterparty to subcontractors in accordance with employment legislation, even when the amount payable is not in di...

Scope of Release Is Crucial to Settlement Agreement

A good settlement agreement should clearly define the effect the agreement will have on future and current claims, and whether it applies to all claims between the parties, or only those claims arisin...

Notice of Arbitration to Government of India Indicates Transparency Issues

The delay of the Government of India in setting prices for natural gas has prompted the contractor group of the D6 block to serve a notice of arbitration over the issue. Commentators see the move as s...
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