[:en]In Swift v Allied Track Services, 2017 ONSC 6514, the Ontario Superior Court granted a motion to quash an attempted appeal from a final arbitral award. The court determined that a submission agreement, negotiated by the parties after their disputes had arisen, had overtaken their earlier arbitration agreement and provided no right of appeal without leave. Continue reading “[:en]Ontario – court enforces post-dispute submission agreement to override earlier arbitration agreement and quash appeal attempt – #012[:]”
[:en]Ontario – proof of concept for merchants opting for international commercial arbitration – #008[:]
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In a brisk decision granting recognition and enforcement an arbitral award made in Stockholm, Ontario’s Superior Court demonstrated Ontario’s commitment to international commercial arbitration. The November 1, 2017 decision in Profoto AB v. Blazes Photographic, 2017 ONSC 6455 sends a reassuring message to international traders that Ontario is arbitration-friendly even when the final award is unfavourable to the Ontario-based litigant. Continue reading “[:en]Ontario – proof of concept for merchants opting for international commercial arbitration – #008[:]”
[:en]Ontario – court finds breach of UNCITRAL Model Law but upholds arbitral decision – #002[:]
[:en]In a brief October 5, 2017 decision, the Ontario Superior Court in Epicor Software Corp. v. RB Packing & Seals Inc., 2017 ONSC 5959 (“Epicor”) exercised its discretion to decline relief under article 34(2)(a)(ii) of the UNCITRAL Model Law on International Commercial Arbitration (1985) (“UNCITRAL Model Law”) despite finding that the applicant had met the grounds set out in that article. Continue reading “[:en]Ontario – court finds breach of UNCITRAL Model Law but upholds arbitral decision – #002[:]”