notes on new arbitration cases in Canada
…v. Luxtona, 2021 ONSC 4605, which interpreted a similar provision in Article 16(3) of the Model Law. He held that the court’s role on such an application is to decide…
…the Act, to “decide the matter” of the tribunal’s ruling on jurisdiction as a preliminary matter. PCL relied upon Russian Federation v Luxtona, 2018 ONSC 2419 (Justice Dunphy’s decision), at…
…The Court relied on Luxtona Limited v. Russian Federation, 2023 ONCA 393 (“Luxtona”), for the principle, “that the power of an arbitral tribunal to rule on its own jurisdiction does…
…out by the Divisional Court in The Russian Federation v. Luxtona Limited, 2021 ONSC 4604 (Lisa’s 2021 Top Pick: Ontario – Russian Federation v. Luxtona Limited (Part 1) – #564),…
…Luxtona Limited, 2023 ONCA 393, in which that Court clarified that an application to set aside an arbitral award on jurisdictional grounds is a hearing de novo and not merely…
…may continue the arbitration proceedings and make an award.” The Court also relied on the decision of the Court of Appeal for Ontario in Russian Federation v Luxtona Limited, 2023…
…in Luxtona Limited v. The Russian Federation, 2023 ONCA 393that the uniformity principle in Article 2A(1) of the Model Law “makes international decisions strongly persuasive in Ontario”, and that “the…
…see Case Notes: Lisa’s 2021 Top Pick: Ontario – Russian Federation v Luxtona Limited (Part 1) – #564 and Lisa’s 2021 Top Pick: Ontario – Russian Federation v Luxtona Limited…
…The Russian Federation v Luxtona Limited, 2023 ONCA 393, the Ontario Court of Appeal held that this provision promulgates a “uniformity principle” that “makes international decisions strongly persuasive in Ontario”…
…25159 (SCC)). The court in The Russia Federation v. Luxtona Limited, 2019 ONSC 7558 referred to the “four clarifying principles” set out in Mexico v. Cargill, Incorporated: “[32] The Court…