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Clear and Explicit Contractual Language Required to Impose Arbitration on Third-Party Beneficiaries

The Alberta Court of Appeal in Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc, 2024 ABCA 369 recently held that parties attempting to impose an arbitration requirement on third-party...more

How (Not) to Inadvertently Waive Your Right to Arbitrate

The recent Ontario Court of Appeal decision in RH20 North America Inc v Bergmann, 2024 ONCA 445 serves as useful reminder that a party can inadvertently waive its right to arbitrate a dispute if the party takes a step in the...more

Incorporation of Arbitration Clauses by Reference: A Cautionary Tale

The British Columbia Supreme Court in MRC Total Build Ltd. v F&M Installations Ltd., 2019 BCSC 765 [MRC Total Build] recently considered an application by a general contractor to stay proceedings commenced by a subcontractor...more

Planning for Construction Success

Key Contractual Considerations for Owners - Regardless of project size or scope, a comprehensive and tailor-made written construction contract provides the foundation for success. At a project's outset, it is also...more

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