Category Archives: Arbitration

The Summary Judgment Exception to the Stay of Proceedings in Favour of Arbitration

Case considered: Balancing Pool v. TransAlta Utilities Corporation, 2009 ABQB 631 PDF version: The Summary Judgment Exception to the Stay of Proceedings in Favour of Arbitration A recent decision by Chief Justice Neil C. Wittmann resolves two outstanding issues with … Continue reading

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Staying Arbitration Proceedings under Section 7(5) of the Arbitration Act

Case considered: Lamb v. AlanRidge Homes Ltd., 2009 ABCA 343  PDF version:  Staying Arbitration Proceedings under Section 7(5) of the Arbitration Act Lamb v. AlanRidge Homes Ltd. is an interesting case, in part because the Alberta Court of Appeal calls … Continue reading

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Arbitration is not Administrative Law

Cases Considered:  Jamani v. Subway Franchise Systems of Canada Ltd., 2008 ABQB 438 PDF Version:  Arbitration is not Administrative Law The reasons that arbitration is a legitimate way to resolve a dispute are not the same reasons that administrative decision-making … Continue reading

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International Commercial Arbitration: Too Costly Private Justice?

Cases Considered: Resin Systems Inc. v. Industrial Service & Machine Inc., 2008 ABCA 104 PDF Version: International Commercial Arbitration: Too Costly Private Justice? The Court of Appeal’s Memorandum of Judgment in Resin Systems Inc. v. Industrial Service & Machine Inc. … Continue reading

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Leave to Appeal Arbitration Awards and the Addition of the Public Interest

Cases Considered: Lion’s Gate Homes Ltd. v. Shand, 2008 ABQB 15 PDF Version: Leave to Appeal Arbitration Awards and the Addition of the Public Interest This brief decision by Mr. Justice D.K. Miller provides an opportunity to look at how … Continue reading

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