Mediation seems like apple juice: no harm in taking it and it might do some good. But mediation has a trap: — the limitation period.
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
One challenge facing a party to an arbitration clause is preserving a claim against the running of the limitation period. Starting the wrong claim may
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
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
In previous articles I have warned readers about the dangers of the limitation period in relation to arbitration claims. You can look at my prior
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
Most building contracts contain dispute resolution clauses which refer to arbitration. A dispute resolution clause can be mandatory – it can require arbitration – or
Canadian courts will generally over-rule a decision of a domestic arbitral tribunal only if the decision is “unreasonable.” What does this word mean? Is the