Does An Informal Agreement To Mediate Stop The Limitation Period From Running?
April 19, 2014
Mediation seems like apple juice: no harm in taking it and it might do some good. But mediation has a trap: — the limitation period.
Can An Entire Agreements Clause Make A Party To An Agreement Also A Party To Another Agreement?
April 13, 2014
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
Alberta Court Of Appeal Upholds The Dismissal Of A Claim Which Ought To Have Been Arbitrated
March 2, 2014
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
What Is The Effect Of Res Judicata On Arbitration?
February 18, 2014
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
What Authority Does The Court Have To Interfere With Decisions Of Arbitrators?
January 20, 2014
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
Alberta Court Of Appeal Holds That A Court Action Is Not A Notice Of Arbitration
January 14, 2014
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
Can An Arbitrator Award Compound Interest?
December 2, 2013
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
When Is An International Arbitration Award Enforceable Against A Non-Signatory To The Arbitration Agreement?
November 10, 2013
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
Does The CCDC Dispute Resolution Clause Require Arbitration?
September 8, 2013
Most building contracts contain dispute resolution clauses which refer to arbitration. A dispute resolution clause can be mandatory – it can require arbitration – or
When Is A Commercial Arbitration Decision Unreasonable?
August 6, 2013
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