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Canada - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s): 
J. Brian Casey
Christina I. Doria
Page Count: 
14 pages
Media Description: 
PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"
Published: 
March, 2012
Jurisdictions: 
Canada
Practice Areas: 
Agreement to Arbitrate,
Operation and Effects,
Enforceability of Arbitration Agreements,
Bankruptcy of a Party
Author Detail: 

 

J. Brian Casey is a Partner in Baker & McKenzie’s Toronto office. Mr. Casey has served as arbitrator, chairman of the tribunal, and as counsel in numerous commercial arbitrations both ad hoc and institutional under the auspices of the LCIA, ICC, AAA/ICDR and ICSID. He is also a Fellow of the Chartered Institute of Arbitrators, has lectured and written extensively on various aspects of international disputes, and is the author of Arbitration Law of Canada: Practice and Procedure.

Christina I. Doria is an Associate in Baker & McKenzie’s Toronto office, and a member of the International Arbitration Practice Group of the Firm’s Global Dispute Resolution Practice Group.

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Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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CANADA

J. Brian Casey and Christina I. Doria

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Legislation

International arbitration in Canada is for the most part a matter of provincial jurisdiction. Each province and territory has enacted legislation adopting the UNCITRAL Model Law. The federal Parliament has also adopted a commercial arbitration code based on the Model Law, which is applicable when the federal government or one of its agencies is a party to an arbitration agreement, or where a matter involves an area of exclusive federal jurisdiction.

Each Canadian jurisdiction has also, either directly or indirectly, adopted the New York Convention.

A.2 Trends and Tendencies

In general, Canadian courts apply the Model Law and the general principles of arbitration in favor of enforcing arbitration agreements and referring parties to arbitration. Where an

Table of Contents: 

CANADA
J. Brian Casey and Christina I. Doria

A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Seidel v. TELUS Communications Inc.
B.2 United Mexican States v. Cargill, Inc
C. Public Policy in International Arbitration
C.1 Scenarios of Reliance on Public Policy
C.2 Modes and Limitations of Reliance on Public Policy
C.3 Rules that Constitute "Public Policy"
C.4 Review of Alleged Breaches of Public Policy