Is An Agreement To Mediate Enforceable?
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 and construction law is whether an agreement to mediate is enforceable. That is because an arbitration or building contract may
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
If an arbitration agreement states that there is to be no appeal from the award under the agreement, can a party seek judicial review on
When material evidence tendered to an arbitral tribunal is fraudulent, we expect the court having jurisdiction to be very inclined to set the award aside.
What happens when an arbitration clause is contained within a commercial agreement that one party says never came into existence or is unenforceable? And what
The Ontario Court of Appeal has recently considered whether any appeal may be taken from a decision of an arbitral tribunal which is made prior
When does the limitation period start for an arbitration claim? Can the very making of the demand start the period running? Yes, the Ontario Court
A party to a contract may terminate the contract and then start an arbitration to confirm the validity of the termination. If the arbitral tribunal
What is the best way to protect the authority of international commercial arbitrations? Is a party obliged to “play defence” and not ask the courts
What margin of error does an arbitrator have? Should an arbitral tribunal’s decision be set aside if it is legally incorrect? Or should a wider