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Judicial Intervention in Arbitration Awards

Judicial Intervention in Arbitration Awards

Canada is often promoted as an “arbitration-friendly” jurisdiction, with a judiciary that is supportive of arbitration. Indeed, court intervention in arbitrations is expressly limited by statute.[1]Two recent cases involving judicial intervention in arbitration awards...
Enforcing an Arbitration Award

Enforcing an Arbitration Award

Confirm Enforceability Before applying to enforce an arbitral award, you should first establish that the award is, in fact, enforceable. Typically, monetary awards in the form of damages, awards that declare a party’s rights, and equitable remedies (such as specific...
The Question of Arbitrability

The Question of Arbitrability

The position in the United States: In the recent decision of Schein v. Archer, the United States Supreme Court (“USSC”) considered who has the final say in determining whether a matter should proceed to arbitration: an arbitrator, or a judge.[1] In a unanimous...
Confidentiality in Arbitration

Confidentiality in Arbitration

As discussed in the previous blog, an expectation of privacy is one of the key advantages of arbitration over traditional litigation. The Ontario Arbitration Act, 1991, however, does not address the issue of confidentiality.Whereas several jurisdictions around the...
Introduction to Arbitration

Introduction to Arbitration

Until now we have been discussing Mediation. It is now time to introduce Arbitration. What is arbitration? Arbitration is a process in which an independent person makes an official decision that ends a legal disagreement without the need for it to be solved in...
Difficult Conversations

Difficult Conversations

A successful mediation is often the result of how the Mediator handles difficult conversations between the participants. Each difficult conversation is really Three Conversations: [1]The “What Happened?” Conversation. Most difficult conversations involve disagreement...
Negotiation 101

Negotiation 101

What is negotiation? “Negotiation is a basic means of getting what you want from others. It is back-and-forth communication designed to reach an agreement when you and the other side have some interests that are shared and others that are opposed (as well as some that...
Confidentiality in Mediation

Confidentiality in Mediation

In this Blog we will discuss confidentiality in mediation, both from a statutory perspective and the common law. Legislative Framework Commercial mediations in Ontario are governed by the Commercial Mediation Act, 2010 (“CMA”), which states: “[i]nformation relating to...