Competence-competence is a central principle of international commercial arbitration: the tribunal has the competence to decide its own jurisdiction. This principle is embedded in Article
Mediation seems like apple juice: no harm in taking it and it might do some good. But mediation has a trap: — the limitation period.
In construction projects, there will often be several agreements between the various participants. Those agreements may contain “entire agreement” clauses to ensure that the parties
In Swift v. Eleven Eleven Architecture Inc., the Alberta Court of Appeal recently considered the impact and scope of a limitation of liability clause in
When a contractor posts a bond to secure the construction builder’s lien claim of its subcontractor and the subcontractor discharges its lien, does the contractor
One challenge facing a party to an arbitration clause is preserving a claim against the running of the limitation period. Starting the wrong claim may
The recent decision of the British Columbia Supreme Court in Boxer Capital Corp. v. JEL Investments Ltd. raises some fascinating issues with respect to the
A continuing issue relating to property damage insurance is whether loss which is bound to occur due to an unknown fault or defect in the
This article will discuss the attitude of Canadian courts toward reviewing arbitral decisions. The decisions of Canadian judges reflect the legislative regime in the provincial
In previous articles I have warned readers about the dangers of the limitation period in relation to arbitration claims. You can look at my prior
