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Search Results for: Luxtona

Posted on April 21, 2018January 3, 2021

[:en]Ontario – arbitral tribunal’s evidentiary record on jurisdiction challenge is not ignored but also does not confine court – #060[:]

…shareholder of Yukos Oil Company (“Yukos”), Luxtona Limited (“Luxtona”) initiated arbitration against the Russian Federation alleging that the latter’s violation of certain provisions of the Energy Charter Treaty (“ECT”) affected…

Posted on September 26, 2022September 26, 2022

Alberta – Court reviews preliminary jurisdictional award for correctness de novo – #663

…Federation v. Luxtona Limited, 2021 ONSC 4604 (“Luxtona”), a case decided under the comparable provision of Ontario’s International Commercial Arbitration Act, 2017, SO 2017, c 2, Sch 5 (“ICAA”), which…

Posted on December 16, 2021May 4, 2022

Lisa’s 2021 Top Pick: Ontario – Russian Federation v Luxtona Limited (Part 1) – #564

A review of the 2021 case law shows that the appropriate standard of review of an arbitral award remains uncertain. Russian Federation v Luxtona Limited is interesting because it did not…

Posted on January 4, 2022May 4, 2022

Lisa’s 2021 Top Pick: Ontario – Russian Federation v Luxtona Limited (Part 2) – #568

In Part 1 (case update #564), I reviewed the decision of Russian Federation v Luxtona Limited, 2018 ONSC 2419, 2019 ONSC 7558, and 2021 ONSC 4604 on the standard of…

Posted on June 21, 2023June 23, 2023

Ontario – Courts must decide arbitral jurisdiction de novo  – #748

…Top Pick: Ontario – Russian Federation v. Luxtona Limited (Part 2)  Case Note No. 564: Lisa’s 2021 Top Pick: Ontario – Russian Federation v. Luxtona Limited (Part 1)  Case Note…

Posted on February 12, 2020January 3, 2021

Ontario – court revisits/reverses prior decision which allowed new evidence on post-award jurisdictional challenge – #272

…the procedural history of the parties’ involvement in the Superior Court challenge, see the urbitral note below. Luxtona Limited (“Luxtona”), a former shareholder of Yukos, initiated arbitration against the Russian…

Posted on July 22, 2021May 4, 2022

Ontario – Court application under Model Law Art. 16(3) to “decide the matter” of the tribunal’s jurisdiction is a hearing de novo and not a “review” of the tribunal’s decision – #513

In Russian Federation v. Luxtona Limited, 2021 ONSC 4604, the Divisional Court heard an appeal by Russia of an interlocutory decision of Justice Penny of the Ontario Superior Court of Justice,…

Posted on February 18, 2021May 4, 2021

Ontario – court enforces Model Law prohibition of appeals where arbitral tribunal decides jurisdiction as preliminary question – #427

…ignored but also does not confine court – #060” regarding The Russian Federation v. Luxtona Limited, 2018 ONSC 2419. In The Russia Federation v. Luxtona Limited, 2019 ONSC 7558, Mr….

Posted on January 7, 2022May 4, 2022

Myriam’s 2021 Top Pick: B.C. – lululemon athletica inc. v. Industrial Color Productions Inc. – #571

…Commercial Arbitration (for a deep dive on this topic, see Lisa’s top pick, Russian Federation v. Luxtona Limited). The decision is lululemon athletica inc. v. Industrial Color Productions Inc., 2021…

Posted on January 12, 2022May 4, 2022

Ontario – Fresh evidence test the same on set aside applications on fairness grounds and judicial review applications – #572

…question of consent to arbitration (jurisdiction) for itself, on a de novo basis, and fresh evidence may be adduced (Russian Federation v Luxtona). For earlier Case Notes on the Luxtona…

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Arbitration Matters provides brief summaries of recent cases on commercial arbitration issues, as they are released, from across Canada. Therefore, the website is updated frequently. Each Case Note also provides commentary which helps put the case in context. As of Case Note #509 dated July 26, 2021, Lisa C. Munro, has continued the work done by the Honourable Justice Daniel Urbas before his judicial appointment to the Quebec Superior Court. She is assisted by a select group of other experienced arbitration practitioners, who also contribute regularly to the Case Notes.

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About Arbitration Matters

Arbitration Matters provides brief summaries of recent cases on commercial arbitration issues, as they are released, from across Canada. Each Case Note provides commentary which helps put the case in context.

Edited by: Lisa C Munro

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