notes on new arbitration cases in Canada
…Citizenship and Immigration) v Vavilov, 2019 SCC 65, the Court held that the standard of review to be applied is reasonableness. The test for reasonableness, as applied by the Newfoundland…
…does not apply to one of them and (ii) why apply the standard of review applicable to statutory arbitrations, recently restated in Canada (Minister of Citizenship and Immigration) v. Vavilov,…
…of Canada’s decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (“Vavilov”) – and case law in 2023 did not resolve this discussion. In the post-Vavilov…
…(Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65. Residents in Nevada, Petitioners had each signed an employment agreement with Octaform Inc. (“Octaform”) governed by Nevada law and subject…
…“First Appellate-Level Decision on Vavilov and Arbitration Muddies Already Murky Waters”, Jennifer K Choi and Thomas A Cromwell, “A Question for Another Day: Vavilov and Appeals From Commercial Arbitration,” and…
…of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 and Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 were not helpful in this context. However, Justice Marchand found…
…into effect before Vavilov, which “reformulated the approach courts are to take when reviewing the decisions of administrative tribunals” and that, prior to Vavilov, “questions going to the jurisdiction of…
…be said that the question of the correct standard of review from the type of arbitrator’s decision at issue in this case is unsettled at the appellate level, post‑Vavilov and…
…v. Vavilov, 2019 SCC 65. As has been discussed in N.W.T. – Court applies Vavilov to commercial arbitration awards subject to statutory right of appeal – #419 and Supreme Court…
…the courts. “It is BP’s position that, based on Vavilov, the starting point for an appeal of an arbitral decision should be correctness. If Vavilov does not apply, BP argues…