Western Canada Business Litigation Blog

Tag Archives: Arbitration

Supreme Court of Canada confirms Sattva approach to review of commercial arbitration decisions in British Columbia

Posted in Civil Procedure
Comment

On June 22, 2017, the Supreme Court of Canada (the “SCC”) delivered its decision in Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32 [“Teal Cedar”]. The decision affirms the SCC’s prior ruling that narrowly construes the types of issues which are questions of law for the purpose of an appeal to a court… Continue Reading

BC Court of Appeal Reaffirms Finality of Arbitration Decisions

Posted in Civil Litigation, Civil Procedure
Comment

The recent decision of the British Columbia Court of Appeal in Chriscan Enterprises Ltd. v. St. Pierre, 2016 BCCA 442, reminds those who elect to resolve their business disputes through arbitration that decisions of the arbitrator, even those touching on the fairness of procedures, will generally be final and not subject to review by the… Continue Reading

Commercial Arbitration May Not Be as Confidential as You Think

Posted in Commercial
Comment

Choosing commercial arbitration over conventional litigation cannot guarantee confidentiality of the process, as a recent decision of the BC Supreme Court shows. The prospect of keeping a commercial dispute confidential has long been recognized as one of the main advantages of arbitration over litigation in the courts, along with the speed of the process, the… Continue Reading

Finally, the Supreme Court of Canada puts some finality into Arbitrations

Posted in Civil Procedure
Comment

Two of the main benefits of private arbitration are said to be speed and finality. However, the long running case of Sattva Capital Corporation v. Creston Moly Corporation has been a prime example of how court intervention into the arbitration process can lead to arbitration being anything but speedy or final. I first blogged about this case… Continue Reading

Marko Vesely interviewed by Financier Worldwide

Posted in Commercial
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Marko Vesely was recently interviewed by Financier Worldwide for its Commercial Arbitration Annual Review.  This review examines issues and developments in commercial arbitration around the world. In the interview, Marko provides the Canadian perspective, outlining some of the key benefits of arbitration, recent changes to arbitration legislation and the practical considerations that need to be… Continue Reading

Why Can’t We Just All Get Along? Lessons from the Court of Appeal on the Arbitration of Partnership Disputes

Posted in Commercial
Comment

In recent years it has become increasingly common for commercial contracts to include arbitration clauses requiring disputes that arise under the contract to be resolved through arbitration rather than by recourse to the court process.  Such clauses are also very prevalent in partnership agreements as they allow partners to resolve disputes in a relatively quick… Continue Reading

Look Before You Leap – Is an Arbitration Agreement Right for You?

Posted in Civil Procedure, Commercial
Comment

The press is riddled with stories concerning perceived problems with the court system.  Various commentators say it is too slow, too expensive and procedurally unwieldy.  These concerns have led some to conclude that arbitration is a better alternative. Arbitration agreements do have risks which parties should understand before agreeing to an alternate form of dispute resolution. The long running… Continue Reading