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
Every day, U.S. companies experience a collateral effect of the increasing number of international arbitrations. Parties to these arbitrations are using 28 U.S.C. ยง 1782 to issue discovery subpoenas to U.S. companies, seeking...more
An arbitration award cannot be enforced in England against a foreign State without serving the proceedings on that State through the diplomatic channels. In General Dynamics UK Ltd v Libya [2019] EWHC 64 (Comm), Males LJ,...more
Under s 8 of the Uniform Commercial Arbitration Act (CAA)1 a 'court' is required to stay proceedings before it if the parties have already agreed to have their dispute referred to arbitration. Recently, the Victorian Court of...more