Stephanie Clark, Author at Arbitration Matters

July 6, 2023June 29, 2023

Ontario – No contracting out of the Model Law – #752

In EDE Capital Inc. v Guan, 2023 ONSC 3273, Justice Vermette dismissed a set-aside application on the basis that the applicant had failed to make out a breach of procedural fairness or lack of jurisdiction. In doing so, Justice Vermette also held that the applicable legislation in this case was the Model Law, despite the fact that the parties’ arbitration agreement referred to the domestic arbitration act.

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.