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Canada - Baker & McKenzie International Arbitration Yearbook: 2010-2011

Author(s): 
J. Brian Casey
Rebecca Murtha
Page Count: 
10 pages
Media Description: 
PDF from Baker & McKenzie International Arbitration Yearbook: 2010-2011
Published: 
April, 2011
Author Detail: 

J. Brian Casey is a Partner of 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.

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

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Description: 

Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011

CANADA
J. Brian Casey1 and Rebecca Murtha,2 Toronto
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 when 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 holding parties to the
bargains they have made by enforcing arbitration agreements and

Table of Contents: 
A. Legislation, Trends and Tendencies A.1 Legislation A.2 Trends and Tendencies    B. Cases  B.1 Yugraneft Corp. v. Rexx Management Corp B.2 Znamensky Selekcionno-Gibridny Center v. Donaldson International Livestock Ltd B.3 Wires Jolley LLP v. Wong B.4 Accentuate Ltd. v. Asigra Inc   C. Insolvency Issues in Arbitration C.1 Effect of Agreement to Arbitrate  C.2 Effect on Recognition and Enforcement