The principle from Seidel v. TELUS Communications Inc. instructs courts to
enforce arbitration clauses in commercial contracts absent legislative intervention.
The company decided it couldn't support the Gillibrand - Graham bill and continue to include or
enforce arbitration clauses in its own employment contracts, he said.
The Dell v Consumers Union case out of Quebec might be another — where the SCC
enforced an arbitration clause — though again, the people resisting enforcement were trying to take unfair advantage of a clear mistake by the company, even circulating deep links to avoid the effect of the first attempt to correct the mistake on the website.
Steve has successfully
enforced arbitration clauses, shareholder rights, and insurance policy exclusions.
Not exact matches
According to Bland, forced
arbitration clauses are generally enforceable and
enforced, unless the terms drafted by the lawyers somehow contain an error.
The Supreme Court of Canada has made it clear that the Court will
enforce mandatory
arbitration clauses unless it is clear that the dispute falls outside the scope of the
clause.
The court also rejected the nursing home's argument that the
arbitration clause should be
enforced notwithstanding the daughter's lack of authority to enter into the contract because the resident was a third - party beneficiary of the contract.
The
Arbitration Act itself specifically provides that Courts are not to interfere in disputes covered by an
arbitration agreement other than for the limited purposes of assisting in the conduct of
arbitrations, ensuring that they are conducted in accordance with
arbitration clauses, to prevent unequal or unfair treatment of parties to
arbitration clauses, and to
enforce arbitration awards.
Two ICC
arbitrations involving an energy major and the national oil and national gas companies of a South American state, issues
enforcing a contractual stabilisation
clause.
International
Arbitration and Forum Selection Agreements: Drafting and
Enforcing, Fourth Edition Drawing on a wealth of practical experience and academic analysis, this extensively revised and expanded fourth edition offers model
arbitration and forum selection
clauses for international contracts and explains the advantages and disadvantages of different approaches.
What I want to know is, does this mean that
arbitration clauses will always be
enforced now?
So while I was reading about
arbitration clauses, I learned about «ATT Mobility vs Concepcion», which is the case which changed the precedent, and allowed these kinds of
clauses to be
enforced.
In Saskatchewan Power Corp. v. Alberici Western Constructors, Ltd., 2016 CarswellSask 186, 2016, the court held that the
arbitration clause of the main contract between the owner and the contractor should be
enforced -LSB-...]
The revised fifth edition of International
Arbitration and Forum Selection Agreements: Drafting and
Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution
Enforcing is a concise, practical primer on the fundamentals of drafting and
enforcing international arbitration agreements and other dispute resolution
enforcing international
arbitration agreements and other dispute resolution
clauses.
Unfortunately, the Court seems to direct that the
arbitration clause at issue here must be specifically
enforced; apparently no other means of enforcement is permissible.
This type of smart
arbitration clause is not entirely self -
enforcing because a party opposing
arbitration can go to court to challenge the arbitrability of the dispute.