by Barry Arbus | Mar 2, 2021 | Arbitration
The court closures necessitated by the COVID-19 pandemic, as well as continued public health restrictions, including restrictions on in-person proceedings and the need for physical distancing, have made ADR a more attractive means of dispute resolution than ever...
by Barry Arbus | Jan 26, 2021 | Arbitration
In 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 facts of Paulpillai v. Yusuf Mr. Yusuf and...
by Barry Arbus | Dec 15, 2020 | Arbitration
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...
by Barry Arbus | Oct 27, 2020 | Arbitration
A recent decision of the Ontario Superior Court, which was affirmed by the Court of Appeal, looked at whether there is a right to appeal where the parties’ contract states that the arbitral award is “final and binding”.[1] What does it say in the Arbitration Act,...
by Barry Arbus | Sep 8, 2020 | Arbitration
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....
by Barry Arbus | Jul 15, 2020 | Arbitration
As counsel, your odds of success at arbitration (or at trial, for that matter) are greatly enhanced when you prepare, anticipate, and execute.[1] These tips apply whether it be a live arbitration or a virtual one. More will be said on each of these tips...
by Barry Arbus | May 26, 2020 | Mediation
In December 2018, the United Nations General Assembly adopted the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention on Mediation” or “the Singapore Convention”).[1] On August 7, 2019, the Singapore...
by Barry Arbus | Apr 7, 2020 | Arbitration, Mediation
With the COVID-19 pandemic unfolding, and Ontario courts prioritizing disputes and advising against unnecessary visits to the courts, now is the perfect time to consider the use of technology for upcoming mediations and arbitrations in your legal practice.Dispute...
by Barry Arbus | Feb 27, 2020 | Arbitration
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...
by Barry Arbus | Jan 22, 2020 | Arbitration
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...
