When Does An Arbitral Limitation Period Commence?
An arbitration is usually considered to be a less formal type of dispute resolution than court litigation. For this reason it may be thought that
An arbitration is usually considered to be a less formal type of dispute resolution than court litigation. For this reason it may be thought that
One of the most difficult issues in the law of alternative dispute resolution is whether a mediation clause creates an enforceable obligation. That issue has
Agents of contractors and subcontractors often play a role and assert rights during construction projects. This is because contractors often use agents to perform the
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
In Canada, the obligation of a tribunal to give reasons has become one of the hallmarks of justice. But do arbitrators have an obligation to
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
When you enter into an arbitration agreement, do you think about whether the arbitration process results in an enforceable judgment? You should. The award that