ADR
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April 23, 2018
Why dissent in arbitration tribunals must be encouraged
A number of arbitrations have arbitral tribunals made up of a panel of three arbitrators. This is the case with larger arbitrations or in jurisdictions where there is no right of appeal and the parties want greater legal certainty from numbers. In cases where there is a three-member panel, there is always the possibility of a dissent. However, the role of the dissent in arbitration is not well understood by counsel and requires some clarification.
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April 16, 2018
Newly introduced amending legislation designed to modernize B.C.’s arbitration regime
The government of British Columbia is moving to change its legislation on international commercial arbitration in order to attract more business to the province, a move observers say is needed to more closely align the province with accepted international standards.
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April 10, 2018
Family law report shows marked contrast in adversarial and non-adversarial processes | John-Paul Boyd
The Canadian Research Institute for Law and the Family has just released a new report comparing the expense, efficiency and efficacy of different resolution processes in family law disputes. The study was undertaken with the Canadian Forum on Civil Justice, as a part of the forum’s seven-year Cost of Justice project, and examined the views of 166 lawyers practising in Alberta, British Columbia, Ontario and Nova Scotia on collaborative negotiation, mediation, arbitration and litigation.
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April 06, 2018
Strict compliance to form essential in family arbitration agreements
Family arbitration in Ontario under the Arbitration Act requires that counsel respect certain formalities when concluding an arbitration agreement, failing which the agreement and the award are of no force or effect. This is an exception to the general rule in commercial arbitration where the mere intention of entering into an arbitration agreement is sufficient to bind the parties.
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April 05, 2018
DLA Piper (Canada) hires associate
Nivedhya (Nivi) Ramaswamy is the latest associate to join DLA Piper (Canada) LLP.
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April 05, 2018
Queen’s professor part of grant-winning team
A team that includes a faculty member from a Canadian law school has been awarded a grant of 1.1 million pounds to look into the matter of international commercial arbitration.
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March 28, 2018
Dentons adds partner for Vancouver office
Dentons Canada LLP has taken on not just a new partner, but a new head of litigation and dispute resolution in Vancouver.
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March 26, 2018
Why appealing commercial arbitration awards is an uphill struggle
Nowhere is the policy underlying commercial arbitration more important than where an appellate Court subjects an arbitral award to judicial scrutiny. Canadian appeal Courts are increasingly showing deference to commercial arbitration decisions in order to honour what was intended to be a final resolution of the parties’ dispute.
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March 19, 2018
Sufficiency of reasons in arbitration awards: A variable standard
The domestic Arbitration Act that is shared by most Canadian jurisdictions contains a provision that requires that an arbitral tribunal provide a written award that contains the reason on which it is based. The standard that must be met by an arbitral tribunal in order to discharge this statutory obligation remains the subject of debate, especially in a context where there are few decided cases in Canada.
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March 13, 2018
Balancing fairness, efficiency under International Commercial Arbitration Act
The new International Commercial Arbitration Act of Ontario contains a mechanism for the correction and interpretation of an award and provisions allowing the arbitral tribunal to make additional awards. The Act adopts the UNCITRAL Model Law which has also been adopted by a number of other foreign jurisdictions.