Artem Barsukov, FCIArb at Bennett Jones LLP

Alberta Court Articulates Important Exceptions to the Kompetenz-Kompetenz Principle and the Scope of Arbitration Clauses

A recent decision of the Alberta Court of King’s Bench in Orica Canada Inc v ARVOS GmbH, 2024 ABKB 97 [Orica] has attracted considerable attention among members of the arbitration bar. In it, the Court of King’s Bench...more

4/10/2024 / Arbitration , Arbitration Agreements , Arbitration Awards , Canada , Commercial Arbitration , International Arbitration , Supreme Court of Canada

Arbitration Angle - 2023 Edition - Reflecting On A Year Of Decisions And Looking Ahead

UN Member States Adopt Code of Conduct for Arbitrators in Investor-State Disputes - At its 56th annual session held in Vienna in July 2023, the United Nations Commission on International Trade Law (UNCITRAL) formally...more

10/23/2023 / Arbitration , Arbitration Agreements , Arbitration Awards , Canada , Commercial Arbitration , International Arbitration , SCOTUS , Supreme Court of British Columbia , Supreme Court of Canada

An Arguable Case May Be All You Need to Go to Arbitration in Ontario

In the recent Ontario Court of Appeal decision in Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023 ONCA 260, the Court addressed the question of what standard of proof a party would need to meet...more

5/31/2023 / Arbitration , Arbitration Agreements , Canada , Commercial Arbitration , Commercial Arbitration Act , International Arbitration , Standard of Proof

A Tribunal's Interpretation of a Prior Arbitral Award: A Question of Law

In its recent decision in Kingsgate Property Ltd. v Vancouver School District No. 39, 2023 BCSC 560, the Supreme Court of British Columbia considered, among other things, whether an arbitral tribunal's interpretation of a...more

5/11/2023 / Arbitration , Arbitration Agreements , Arbitration Awards , British Columbia Supreme Court , Canada , Estoppel , Supreme Court of British Columbia

Ontario Court of Appeal Provides Clarity Regarding Appeals of Domestic Arbitral Awards

Commercial arbitration is widely perceived as a pathway to obtaining a final and binding decision (styled as an "award") that is not subject to appeal. However, this is not always the case in Canada. The degree of finality of...more

4/25/2023 / Arbitration , Arbitration Agreements , Arbitration Awards , Canada , Commercial Arbitration , International Arbitration

British Columbia Court of Appeal Applies the Correctness Standard of Review to an International Arbitration

Over the last few years, there has been considerable uncertainty in Canada about the standard of review applicable to appeals from domestic arbitral awards. This uncertainty stemmed in large part from the conflicting views...more

2/11/2022 / Canada , International Arbitration , Lululemon , Standard of Review , Supreme Court of Canada

Alberta Court says Air Cargo Liability Limits can be Broken

Cargo airlines operating in Alberta may soon find themselves training their front-line staff to ask more questions when dealing with individual consumers. Last month, the Provincial Court of Alberta released a decision in...more

3/14/2013 / Air Cargo , Canada , Liability Insurance , Notice Requirements , Valuation

Alberta Court Skewers Gibberish Legal Arguments

The Courts are taking a bold stand. In a decision that will no doubt have significant ramifications for businesses, governments, and the litigation bar across Canada, Associate Chief Justice Rooke of the Alberta Court of...more

11/30/2012

Artem Barsukov, FCIArb

Bennett Jones LLP

Popular Topics by This Author

Latest Publications