Antonin Pribetic

5255 Yonge Street Suite 1100
Toronto, Ontario M2N 6P4, Canada

Litigation or Arbitration? Forum Selection and Arbitration Clauses and the Prospects for Adjudicating International Human Rights Claims in Canada

Forum selection and arbitration clauses are a mainstay of international commercial agreements. Contracting parties often negotiate and insert a clause specifying either the chosen forum for adjudicating any disputes arising from…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts, Conflict of Laws

An 'Unconventional Truth': Conflict of Laws Issues Arising Under the CISG

This article discusses the applicability of the CISG from a Canadian conflict of laws perspective - both in terms of jurisdiction and choice of law. The analysis is framed by providing an outline of the key jurisdictional and…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Conflict of Laws, International Law & Trade

'Winning is Only Half the Battle': Procedural Issues Relating to the Recognition and Enforcement of Foreign Arbitral Awards

This article addresses some procedural problems which may arise in the recognition and enforcement of a foreign arbitral award under the Model Law and potential jurisdictional and limitation period challenges to a foreign…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Conflict of Laws, International Law & Trade

Recent Private International Law Developments Before the Supreme Court of Canada

This article discusses a trilogy of interesting cases involving private international law which recently wended their way to the Supreme Court of Canada: (1) King v. Drabinsky (an Ontario case addressing the applicability of the…more
| Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Constitutional Law, International Law & Trade

Case Note: Opinion of Advocate General Kokott in Allianz Spa (Formerly Riunione Adriatica Di Sicurta Spa) and Others v. West Tankers Inc. (Case C 185/07 Delivered on 4 September 2008)

On April 2nd, 2007, the House of Lords (United Kingdom) referred to the European Court of Justice a request for a preliminary ruling in respect of the following question under the Brussels Regulation: "Is it consistent with…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws, International Law & Trade

Case Comment: All Quiet on the CISG Front - Guiliani v. Invar Manufacturing, the Battle of the Forms, and the Elusive Concept of Terminus Fixus

Since Canada adopted the U.N. Convention on the International Sale of Goods (the CISG) in 1992, international sales practitioners have been patiently waiting for a corpus of Canadian case law to develop. The slow pace of…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Conflict of Laws, International Law & Trade

The 'Trial Warrior': Applying Sun Tzu's The Art of War to Trial Advocacy

The author uses Sun Tzu's The Art of War to determine whether the theory of strategic functionalism can integrate the client-centric, justice-centric, and science-centric conceptual models into a coherent, unified trial advocacy…more
| Civil Procedure, Civil Remedies

Staking Claims Against Foreign Defendants in Canada: Choice of Law and Jurisdiction Issues Arising from the in Personam Exception to the Mocambique Rule for Foreign Immovables

Canadian courts have struggled in distinguishing between in personam jurisdiction and subject-matter jurisdiction (and specifically the Mocambique rule). In particular, they appear to overlook the two-fold jurisdictional…more
| Civil Procedure, Commercial Law & Contracts, Conflict of Laws, International Law & Trade, Real Estate

Enforcing Foreign Summary/Default Judgments: The Damoclean Sword Hanging Over Pro Se Canadian Corporate Defendants? Case Comment on U.S.A. v. Shield Development Co.

Following the 2003 Supreme Court of Canada decision in Beals v. Saldanha, where jurisdiction simpliciter is otherwise established, the only available defences to a domestic defendant seeking to have a Canadian court refuse…more
| Civil Procedure, Civil Remedies, Conflict of Laws, International Law & Trade, Toxic Torts

The 'Third Option': International Commercial Mediation

Mediation in the international context is a relatively recent phenomenon. As an Alternative Dispute Resolution (ADR) mechanism, third-party neutral mediation is firmly entrenched in the legal ethos and procedural rules of most…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws, International Law & Trade

Thinking Globally, Acting Locally: Recent Trends in the Recognition and Enforcement of Foreign Judgments in Canada

The continuing evolution of the "real and substantial connection" test for the recognition and enforcement of foreign judgments remains a topic of immediate interest. Since the landmark decision in Morguard Investments and more…more
| Civil Procedure, Commercial Law & Contracts, Conflict of Laws, International Law & Trade

Bringing Locus Into Focus: A Choice-of-Law Methodology for CISG-based Concurrent Contract and Product Liability Claims

The article discusses choice-of-law theories for both contractual and tort/product liability claims governed by the CISG. The underlying theme is that concurrent claims are not necessarily equivalent claims. While concurrent…more
| Business Torts, Commercial Law & Contracts, Conflict of Laws, International Law & Trade, Products Liability

'The (CISG) Road Less Travelled': Grecon Dimter Inc. v. J.R. Normand Inc.

This case comment discusses two recently released Canadian decisions on the enforceability of arbitration clauses from the perspective of the United Nations Convention on Contracts for the International Sale of Goods 1980(CISG)…more
| Civil Procedure, Commercial Law & Contracts, Conflict of Laws, International Law & Trade

The Hague Convention on Choice of Court Agreements

The Hague Choice of Court Convention, concluded on June 30th, 2005, represents a significant step forward towards improved harmonization of international trade law by providing greater certainty and predictability for parties…more
| Civil Remedies, Commercial Law & Contracts, Conflict of Laws, International Law & Trade

Strangers in a Strange Land - Transnational Litigation, Foreign Judgment Recognition, and Enforcement in Ontario

Well into the new millennium, the landscape of international business commerce continues to change dramatically. As many companies expand into global markets, the extant business reality of prosecuting or defending lawsuits…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Conflict of Laws, International Law & Trade
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Constitutional Law
  • Debtor/Creditor
  • Intellectual Property
  • International Law & Trade
  • Litigation
  • Products Liability
  • Professional Malpractice
  • Worker’s Compensation
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