May An Order Dismissing A Stay Motion Be Appealed?
In Canada, there has been a controversy about appeals from stay motion decisions in the context of arbitration clauses. The issue is whether a decision
In Canada, there has been a controversy about appeals from stay motion decisions in the context of arbitration clauses. The issue is whether a decision
Whether an arbitration agreement requires, or only permits, arbitration is a continuing issue under arbitration law. In building contracts, this issue often arises when the
What is the meaning of an arbitration clause which states that a dispute “may be determined by arbitration”? Does the clause mean that the arbitration
Most commercial agreements contain a clause stating that the contract is binding upon and for the benefit of “successors.” For example, Article 10.1 of the
One of the first issues that can arise in a dispute is whether arbitration or court proceedings must be pursued. The issue will often arise
An agreement to mediate is often found in arbitration and building contracts. Yet, the impact of mediation upon court or arbitral proceedings is uncertain. Does
A recurring issue in arbitration and construction law is whether an agreement to mediate is enforceable. That is because an arbitration or building contract may
A recurring issue in arbitration law is whether a third party is bound to assert his or her claims by way of arbitration, even though
In January 2013, a Working Group of the Uniform Law Conference of Canada (“ULCC”) issued a Discussion Paper with respect to proposals for a new
The Queen’s Bench Court for Saskatchewan recently applied the Saskatchewan International Commercial Arbitration Act (SICAA) and the UNCITRAL Model law annexed to that Act and