notes on new arbitration cases in Canada
…which it was asked to “decide the matter” of arbitral jurisdiction under the Ontario Arbitration Act, 1991. The Court of Appeal confirmed its earlier decision, United Mexican States v. Burr,…
On application by Respondents, Ontario’s Court of Appeal in United Mexican States v. Burr, 2021 ONCA 64 quashed the appeal of a decision in first instance dismissing a challenge to…
…addressed in the Russian Federation case. However, it arose in United Mexican States v Burr, 2020 ONSC; and 2021 ONCA 64. There, Mexico applied to the court for a declaration…
In The United Mexican States v. Burr, 2020 ONSC 2376, Madam Justice Bernadette Dietrich accepted that legal submissions by parties to the North America Free Trade Agreement Between the Government…
…v Luxtona Ltd., and United Mexican States v Burr]; and (2) the application of the foundational principle of “separability” in the bankruptcy context in Petrowest Corporation v Peace River Hydro…
…v Burr: Case Note No. 427; Hornepayne First Nation v. Ontario First Nations (2008) Limited Partnership: Case Note No. 532; and Saskatchewan v Capitol Steel Corporation: Case Note No. 536….
…of a claim and whether it is fit to be heard by the tribunal”, as set out in para. 44 of The United Mexican States v. Burr, 2020 ONSC 2376….
…practice” in investor-state arbitration” regarding The United Mexican States v. Burr, 2020 ONSC 2376. Madam Justice Bernadette Dietrich accepted that legal submissions by parties to the NAFTA can qualify as…