Canadian appeal courts are increasingly showing deference to
commercial arbitration decisions in order to honour what was intended to be a final resolution of the parties» dispute.
Appeals from
commercial arbitration decisions are narrowly circumscribed under the Arbitration Act.
Not exact matches
Although parties bound to
commercial contracts have a number of options to resolve their disputes, only litigation and
arbitration can provide a binding and enforceable
decision.
He obtained the first federal maritime
decision to clearly hold that, under the Federal
Arbitration Act, to be enforceable, an
arbitration provision in an international
commercial agreement must be in a writing signed by the parties, or evidenced by an exchange of correspondence.
LCIA
arbitration and associated
Commercial Court proceedings instructed unled against a QC involving a challenge to the sole arbitrator's
decision that he did not have jurisdiction.
International
Commercial Arbitration: International commercial arbitration provides parties from different legal, national and cultural backgrounds with neutral ground, flexible procedures and independent decision makers to solve their disagreements, often confi
Commercial Arbitration: International
commercial arbitration provides parties from different legal, national and cultural backgrounds with neutral ground, flexible procedures and independent decision makers to solve their disagreements, often confi
commercial arbitration provides parties from different legal, national and cultural backgrounds with neutral ground, flexible procedures and independent
decision makers to solve their disagreements, often confidentially.
Recent case highlights include acting for the CMA in its defence of the paroxtine «pay for delay»
decision in the Competition Appeal Tribunal; acting for Gazprom in one of the world's largest
commercial arbitrations relating to transit of gas through Ukraine (where the sums in dispute exceed USD 80 billion); and acting for Bahrain in an inter-state WTO dispute concerning economic sanctions imposed on Qatar.
As a footnote to this
decision, one could consider how it would have been decided if the
arbitration in question was an international
commercial arbitration, not a domestic arbitration, and the Model Law attached to the International Commercial Arbitration Act of Newfoundland and Labrador ha
commercial arbitration, not a domestic
arbitration, and the Model Law attached to the International
Commercial Arbitration Act of Newfoundland and Labrador ha
Commercial Arbitration Act of Newfoundland and Labrador had applied.
While this
decision was rendered in the context of automobile insurance, it may have wide implications for
commercial arbitrations, especially under bonds or indemnity contracts.
If that is so, then this
decision highlights the wider authority that international
commercial arbitration tribunals have than domestic tribunals.
The Insurance and Reinsurance Disputes Blog provides legal perspectives on issues impacting the industry, court
decisions and
commercial arbitration.