Is A Deposit Forfeited In Absence Of Proven Damages?
The forfeiture of a deposit is one of the major tools for ensuring that contracts are performed. But there is a debate about whether a
When Is An International Arbitration Award Enforceable Against A Non-Signatory To The Arbitration Agreement?
An important issue relating to enforcement of an arbitral award is whether the award can be enforced against a party who did not sign the
Can An Arbitrator Award Compound Interest?
In the recent decision in British Columbia v. Teal Cedar Products Ltd., the Supreme Court of Canada decided that compound interest could not be awarded
What Authority Does The Court Have To Interfere With Decisions Of Arbitrators?
This article will discuss the attitude of Canadian courts toward reviewing arbitral decisions. The decisions of Canadian judges reflect the legislative regime in the provincial
What Is The Effect Of Res Judicata On Arbitration?
The recent decision of the British Columbia Supreme Court in Boxer Capital Corp. v. JEL Investments Ltd. raises some fascinating issues with respect to the
Can An Entire Agreements Clause Make A Party To An Agreement Also A Party To Another Agreement?
In construction projects, there will often be several agreements between the various participants. Those agreements may contain “entire agreement” clauses to ensure that the parties