A. LEGISLATION, TRENDS AND TENDENCIES In 2011, the Uniform Law Conference of Canada Project appointed a working group to formulate recommendations to update Canada’s laws relating to international commercial arbitration in accordance with the 2006 UNCITRAL Model Law. The report was released on August 18, 2012, and was followed by a discussion paper in January, 2013, recording recommendations concerning the preparation and implementation of a new Uniform International Commercial Arbitration Act. The Uniform Law Conference of Canada has reviewed the report and the draft Act, and is expected to release slightly revised versions of both by March 2014. Thereafter, the Uniform Act will be open for adoption into federal and provincial legislation, which is anticipated to occur by the end of 2014 or early 2015.
B. CASES B.1 Kerry Murphy v. Amway Canada Corporation The Federal Court of Appeal in Kerry Murphy v. Amway Canada Corporation3 confirmed that Canadian courts will hold parties to their agreement to arbitrate, unless there is express legislative language in a statute that excludes or prohibits arbitration agreements or class action waivers.