Can An Arbitration Survive Fraud?
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.
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.
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
A very recent decision of the Supreme Court of Canada has held that a court may properly dismiss an action arising from an international commercial
The 2010 decision of the Supreme Court of Canada in Tercon Contractors Ltd v. British Columbia (Transportation and Highways) is one of the most important
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
Can an informal tender process which is not part of a bid depository system give rise to liability for negligent misrepresentation? Can it give rise
Every once in a while, an important decision comes along which should be put in your hip pocket so that it can be pulled out
The process by which subcontractors’ tenders are accepted in a bid depository is fundamental to the efficacy of that system. If that process does not
Owners and contractors should always avoid undertaking a project without a contract. But if they do build the project without a contract, the British Columbia