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
Who Decides If There Is An Appeal From A Court Order Requiring Arbitration: The Parties Or The Court?
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
Does A Mediation Agreement Suspend The Limitation Period Or The Period To Set Down A Lien For Trial?
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 law is whether a third party is bound to assert his or her claims by way of arbitration, even though
ULCC Working Group Issues Discussion Paper On A New Uniform International Commercial Arbitration Act
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