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arbitration

By McCarthy Tétrault LLP | 4 Minutes Read March 13, 2020

Unintended consequences? The Vavilov Standard of Review is applied to commercial arbitrations

For many decades, the standard of review of a commercial arbitration decision on appeal to a court has been reasonableness. There are good policy reasons for this. Making arbitral decisions more difficult to reverse on appeal increases certainty for parties who have contracted for arbitration rather than litigation as their preferred method of dispute resolution. It also enhances the viability of arbitration as an alternative forum to the courts, reducing the burden on overstrained judicial resources.

Article by McCarthy Tétrault LLP / Business, Finance and Accounting / arbitration, commercial arbitration, International Arbitration Act, standard of review

By Occasional Contributors | 3 Minutes Read June 3, 2019

Supreme Court to hear arguments about enforceability of arbitration clauses

On May 23, 2019, the Supreme Court of Canada granted leave to appeal in Uber Technologies Inc., et al. v. David Heller (the Uber Class Action). At issue is an arbitration clause in the Uber driver service agreement that requires all claims be arbitrated in the Netherlands, regardless of size.

Article by Occasional Contributors / Employee Relations, Employment Standards, Payroll / arbitration, arbitration clauses, Consumer Protection Act, Heller v Uber Technologies Inc, unconscionable agreement

By McCarthy Tétrault LLP | 3 Minutes Read May 31, 2019

A class divided can stand – Supreme Court of Canada holds that businesses cannot piggyback on consumers to escape arbitration agreements

By a 5-4 majority, the Supreme Court of Canada reversed a line of Ontario cases and held that s. 7(5) of province’s Arbitration Act, 1991 does not give courts discretion to decline to enforce arbitration agreements between businesses, even when those businesses are members of a class alongside consumers under the Class Proceedings Act, 1992.

Article by McCarthy Tétrault LLP / Business, Finance and Accounting / arbitration, Arbitration Act, arbitration agreements, Class Proceedings Act, consumer contracts, consumer protection, Consumer Protection Act, freedom of contract

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