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How can a contract dispute be resolved?

When you're involved in a contractual dispute, the process for resolving the dispute should be set out in the contract itself. If the contract is silent on the point and you can’t reso...

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 ...

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...

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 ...

Blog Bite: Are arbitration clauses in employment agreements enforceable?

This article posted on our partner site Mondaq.com explores the enforceability of mandatory arbitration clauses in employment agreements. Citing Morrison v. Ericsson Canada Inc, the author cautions ...

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 ...
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