Canada - Baker & McKenzie International Arbitration Yearbook: 2012-2013
Matthew Latella is a Partner in Baker & McKenzie’s Toronto office, and the head of the office’s International Arbitration Practice Group.
Christina Doria is an Associate in Baker & McKenzie’s Toronto office, and practices in the area of international arbitration as a member of the Firm’s Global Dispute Resolution Practice Group.
A. LEGISLATION, TRENDS AND TENDENCIES
International arbitration in Canada is primarily a matter of provincial jurisdiction. Each province and territory has enacted legislation adopting the UNCITRAL Model Law, sometimes with slight variations, as the basic law for international arbitration. 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. 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 Model Law. It is expected that recommendations to update Canada’s international commercial arbitration statutes will be available for adoption by the Conference and enactment by the federal and provincial governments in 2013. Each Canadian jurisdiction has also, either directly or indirectly, adopted the New York Convention.
A. Legislation, Trends and Tendencies
A.2 Trends and Tendencies
B.1 Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd.
B.2 Telestat Canada v. Juch-Tech Inc.
B.3 Nearctic Nickel Mines v. Canadian Royalties Inc.
C. The Grant and Enforcement of Interim Measures in International Arbitration
C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures
C.3 Enforcement of Interim Measure