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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...

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Under what circumstances can the governing law written into an agreement be superceded?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

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 ...

Legal Tips and Tricks: Deal Negotiations Using an LOI/MOU

  Often, companies will try to secure a Letter of Intent or Memorandum of Understanding (“LOI/MOU”; the two expressions are used interchangeably) from a potential contracting counter...

Overview of Dispute Resolution Agreement

Overview of Dispute Resolution Agreement What is this document? ‘Dispute resolution’ refers to the process by which disputes are to be resolved between parties to an agreement. The two basic...

Are All Arbitration Provisions in an Employment Agreement Enforceable?

Whether a particular arbitration clause will be enforceable depends on the way in which the clause is drafted. Generally speaking, if (i) the clause is clear, (ii) arbitration is made ma...

Elsegood v Cambridge Spring Service Ltd., 2011 ONCA

Discussion: The employee was found by the court to be terminated after 35 weeks of the layoff period had concluded. The employee successfully sued for six months notice of termination as a result of t...

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...

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...

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...

Setting Aside Arbitral Awards Is Becoming More Restrictive When It Comes to Asset Purchase Agreements

Parties who choose arbitration to settle disputes under an APA should note that courts have become increasingly reluctant to interfere with arbitration awards if a fair process has been used to arrive...

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...

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...

Blog Bite: Can oral evidence be included if it contradicts the written evidence of the contract?

This article posted on our partner site Mondaq.com discusses the main issue of whether extrinsic evidence should be considered if it contradicts the evidence of the contract. It was found that a col...

Legal Tips and Tricks: Boilerplate Provisions Of Your Agreement

Don’t ignore the boilerplate provisions of your agreements.  Although the language appears the same every time you read these clauses, subtle differences can and will make a difference in interpret...
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