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Drafting an Arbitration Clause

Drafting an Arbitration Clause

Arbitration is becoming increasingly common as a means of dispute resolution in commercial contracts. Often, however, little attention is given to the arbitration clause itself, which may be “boilerplate”, or which may be drafted by commercial lawyers who have little...
Losing Your Right to Arbitrate

Losing Your Right to Arbitrate

Paulpillai v. YusufIn the recent decision of Paulpillai v. Yusuf, 2020 ONSC 851,[1] the Ontario Superior Court found that the Respondents had waived their right to have the dispute in question determined by arbitration.A brief summary of the factsMr. Yusuf and Mr....
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...