Can A Party Enforce An Arbitration Award In One Court And Litigate The Issue In Another Court?
Arbitration – Enforcement – Anti-Suit Injunction The Ontario courts have recently considered two issues with respect to the enforcement of an arbitration award: Should the court
Should A Court Or An Arbitral Tribunal Resolve Domain Name Disputes?
The Court of Appeal for Ontario has just released its decision in Tucows.Com Co. v. Lojas Renner S.A. This decision is a legal landmark in
Does The Competence-Competence Principle Apply To Third Parties To An Arbitration Agreement?
The competence of an arbitral tribunal to determine its own competence has become firmly rooted in Canadian law. But what happens when the tribunal has
When The Contractor Plays Hard-Ball What Does A Sub-Contractor Do; Peter Kiewit Redux?
An age-old problem arising from a tender on a construction project is: what does a sub-contractor do when it is the successful bidder but believes
When Is An Arbitration An International Commercial Arbitration?
Is an arbitration between two domestic companies arising from a contract for a shipment between two foreign countries an “international commercial arbitration” for the purposes
Mary Carter Decision Upheld By The Supreme Court Of Canada
In my article of April 2011, I reported about the decision in Aecon Buildings v. Stephenson Engineering Limited. In that decision, the Ontario Court of