Category Archives: Arbitration
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
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
Much Ado about Little: The Supreme Court’s Decision in Yugraneft Corp. v. Rexx Management Corp.
PDF version: Much Ado about Little: The Supreme Court’s Decision in Yugraneft Corp. v. Rexx Management Corp. Case considered: Yugraneft Corporation v. Rexx Management Corporation, 2010 SCC 19 An Alberta company, Rexx Management Corporation, was ordered to pay an almost $1 … Continue reading
Doubts about Arbitrator Immunity
Case considered: Flock v. Beattie, 2010 ABQB 193 PDF version: Doubts about Arbitrator Immunity Can arbitrators be sued if they perform their duties negligently? Can they be sued if they breach their contract with the disputing parties? These questions were … Continue reading
Arbitration for the Quick and Final Resolution of Disputes? Hardly.
Cases considered: Karaha Bodas Company, L.L.C. v. Perusahaan Pertambangan Minyak Dan Gas Bumi Negara, 2010 ABQB 172 and Flock v. Beattie, 2010 ABQB 193 PDF version: Arbitration for the Quick and Final Resolution of Disputes? Hardly. At first glance, these … Continue reading
