Category Archives: Arbitration

Arbitrators Have the Last Word on Procedural or Interlocutory Matters

By Jonnette Watson Hamilton  PDF Version: Arbitrators Have the Last Word on Procedural or Interlocutory Matters Case commented on: Suncor Energy Inc v Alberta, 2013 ABQB 728 Suncor Energy Inc v Alberta is a decision by Chief Justice Neil Wittmann … Continue reading

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Enforcing Alberta’s Restrictions on Consumer Arbitration

PDF version: Enforcing Alberta’s Restrictions on Consumer Arbitration Case commented on: Young v National Money Mart Company, 2013 ABCA 264 (CanLII). This decision by the Alberta Court of Appeal is a welcome addition to the body of consumer arbitration case … Continue reading

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Arbitration, Disability and Human Rights Cases

PDF version: Arbitration, Disability and Human Rights Cases Case commented on: AUPE v Alberta, 2013 ABCA 212. This case involves the fairly technical issue of whether, in Alberta, a grievance involving a human rights issue should be resolved by an … Continue reading

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Discuss: Stay and Appeal Issues in the Alberta Arbitration Act

PDF version: Discuss: Stay and Appeal Issues in the Alberta Arbitration Act Report commented on: Arbitration Act: Stay and Appeal Issues (Report for Discussion 24) The Alberta Law Reform Institute (ALRI) has just published Arbitration Act: Stay and Appeal Issues (Report … Continue reading

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Do Global Law Firm Mergers Expand an Arbitrator’s Continuing Obligation to Disclose Conflicts of Interest Under the ICSID Arbitration Rules?

PDF version: Do Global Law Firm Mergers Expand an Arbitrator’s Continuing Obligation to Disclose Conflicts of Interest Under the ICSID Arbitration Rules?  Decision considered: ConocoPhillips Company et al. v The Bolivarian Republic of Venezuela Two members of an ICSID arbitral … Continue reading

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Is this the end of an “endless repetition of failed litigation” – at least in Alberta?

PDF version: Is this the end of an “endless repetition of failed litigation” – at least in Alberta?  Case considered: Karaha Bodas Company, L.L.C. v Perusahaan Pertambangan Minyak Dan Gas Bumi Negara, 2011 ABCA 291 The Court of Appeal waxes … Continue reading

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Leave to Appeal an Arbitration Award: Is There a Public Interest Requirement?

PDF version: Leave to Appeal an Arbitration Award: Is There a Public Interest Requirement?  Case considered: Milner Power Inc. v. Coal Valley Resources Inc., 2011 ABQB 118 This brief judgment raises an interesting question. Is it possible to interpret section … Continue reading

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When is Delay “Undue” under Section 7(2)(d) of the Arbitration Act?

PDF version: When is Delay “Undue” under Section 7(2)(d) of the Arbitration Act  Case considered: Eiffel Developments Ltd. v. Paskuski, 2010 ABQB 619 In June of 2007, Eiffel Developments Ltd. sued Geoffrey and Lisa Paskuski for $46,667, alleging non-payment under … Continue reading

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Appealing the Remedy Granted by an Arbitration Award

PDF version: Appealing the Remedy Granted by an Arbitration Award Case considered: Fuhr Estate v. Husky Oil Marketing Company, 2010 ABQB 495 This decision by Mr. Justice Don J. Manderscheid answers a novel question: whether section 49(7) of the Arbitration … Continue reading

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Pre-emptive attack on arbitration succeeds

PDF version: Pre-emptive attack on arbitration succeeds Case considered: Suncor Energy Products Inc. v. Howe-Baker Engineers, Ltd., 2010 ABQB 310 Instead of asserting an ordinary limitation period defence in the ordinary course of an arbitration proceeding, Suncor chose to attempt … Continue reading

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