Thought Leadership

Providing you with the latest knowledge on arbitration developments in Canada, the Middle East and globally.

Featured Articles

Sep 28
Arbitration Development in Canada: A Push for a Unified Commercial Arbitration Law

The Arbitration Act Reform Committee of the Toronto Commercial Arbitration Society is…

Sep 02
Never too Late to Arbitrate: Texas Supreme Court Compels Employment Arbitration after Nine Years of Litigation

On 22 April 2022, the Texas Supreme Court opened a new chapter in the sage of In re…

Aug 22
First Encounter with Morgan: Ninth Circuit Tests SCOTUS Ruling for Waiver of Right to Arbitrate

In March of this year, the US Supreme Court (“SCOTUS”) ruled in the matter of Morgan…

Aug 18
UK Ministry of Justice unveils Proposal for Mandatory Mediation

In late July 2022, the UK Ministry of Justice introduced a proposal for a mandatory…

Aug 17
Vancouver International Arbitration Centre introduces New Rules for International Disputes

This past year saw several arbitral institutes across the globe introduce new rules of…

Jul 26
High Court of England and Wales sets forth a Test for the Validity of Arbitrator Appointments

Appointing an arbitrator is considered to be the first challenge parties face with…

Jul 21
A Conclusion to the Longest-Running ICSID Dispute in History: Spanish Courts Issues USD 550 Million Enforcement Award

Once the longest-running dispute in ICSID history, a dispute that spanned more than…

Jul 19
The Sultan, His Family, and a USD 15 Billion Arbitration Award

Last Monday, in central Luxembourg, a bailiff walked into a serviced office building…

Jul 04
BANG for your Buck: Largest U.S. Trademark Verdict Upheld in USD 175 Million Arbitration

On 1 July 2022, the U.S. District Court for the Central District of California…

Jun 29
The Price of Justice: Saudi Arabia’s New Judicial Costs Law

In recent years, the courts have become the first course of action for parties when…

Jun 28
The United States Supreme Court Ends Long-Standing U.S. Discovery Tool in Private Overseas Arbitration

On 13 June 2022, the Supreme Court of the United States ended what has become an…

May 27
Landmark Ruling by Supreme Court of the United States levels Playing Field in Mandatory Employment Arbitration

You’ve probably heard the stories before – an employee encounters a dispute with their…

May 23
Two Years on Since the Establishment of the Madrid International Arbitration Centre

The Madrid International Arbitration Centre (“CIAM”) has released its report detailing…

May 11
Landmark Judgment by Chinese Courts Acknowledges Judicial Reciprocity & Recognizes English Court Judgments

As of May 2022, no treaty or convention exists between the United Kingdom and the…

May 04
UK Recognizes NFTs & Dubai Starts Licensing in the Metaverse

Over the past few months, the development of the new digital age (dubbed “Web 3.0”)…

Mar 29
Life After Decree No. 34 of 2021: DIAC and LCIA Agree to Terms for the Administration of Disputes

In September 2021, in a move that shocked the arbitration community, Dubai Decree No.…

Mar 04
A New Set of Rules for the Same Game: DIAC New 2022 Rules of Arbitration

The Dubai International Arbitration Center (“DIAC”) has published their latest Rules…

Mar 02
Incoming: DIAC Finalizes New Rules of Arbitration for 2022

The Dubai International Arbitration Center (“DIAC”), named one of the top ten centers…

Mar 01
Mass Arbitration, USD 2 Billion Dollars, and the Future of Intuit

Intuit, a company specializing in financial software and the maker of TurboTax, has…

Feb 22
Avatar v Avatar: A Look at International Arbitration within the Metaverse

Just as surgical masks and vaccines swept the globe over the past year, so has the…

Feb 18
Arbitration in the Metaverse: ICC Issues New Report on How Technology is Changing Arbitration

If we were to implement a cup-half-full state of mind, we could strongly argue that a…

Feb 16
The Vavilov Aftermath: Canadian Courts facing Obstacles with the Standard of Review of Appeals of Arbitral Awards

Over the past few years, considerable uncertainty has manifested in Canada over the…

Feb 09
Give it a Shot: Challenges to Workplace Vaccine Mandates Across Canada

As the pandemic reaches a critical infliction point, brought upon by the vaccine…

Feb 02
Guide to International Arbitration in the Middle East: United Arab Emirates

This is the seventh in a series of Guides to International Arbitration in the Middle…

Jan 31
Guide to Internationl Arbitration in the Middle East: Turkey

This is the sixth in a series of Guides to International Arbitration in the Middle…

Jan 24
Guide to International Arbitration in the Middle East: Saudi Arabia

This is the fifth in a series of Guides to International Arbitration in the Middle…

Jan 17
Guide to International Arbitration in the Middle East: Qatar

This is the fourth in a series of Guides to International Arbitration in the Middle…

Jan 11
Guide to International Arbitration in the Middle East: Egypt

This is the third in a series of Guides to International Arbitration in the Middle…

Jan 07
Guide to International Arbitration in the Middle East: Cyprus

This is the second in a series of Guides to International Arbitration in the Middle…

Jan 06
Guide to International Arbitration in the Middle East: Bahrain

This is the first in a series on Guides to International Arbitration in the Middle…

Dec 13
Recent Ruling by the Supreme Court of Canada Grants Arbitrators Exclusive Jurisdiction Over Human Rights Disputes

In a recent ruling for the matter of Northern Regional Health Authority v. Horrocks,…

Nov 10
What Now for Arbitration in Dubai? A Discussion on Decree No. 34 of 2021

Dubai Decree No. 34 of 2021 (the “Law”) introduced significant changes to…

Nov 09
A Guide to the Enforcement of Arbitral Awards in Canada

Once a party has been successful at arbitration, there is the matter of how to enforce…

Nov 09
Class Action Arbitrations

In many cases, an arbitration clause or agreement purports to take away a potential…

Nov 08
A Breakdown of Emergency Arbitrations

When parties agree on arbitration, their very aim is to avoid court proceedings as…

Oct 11
Canada’s New Investor-State Model Dispute Agreement

For the first time since 2003, the Government of Canada has updated its model Foreign…

Oct 11
A Question of Jurisdiction in Shareholder Disputes

In many corporations, shareholders may enter into a unanimous shareholder agreement…

Sep 04
Challenges to arbitral awards: salutary warnings from common law courts

INTRODUCTION The leading common law arbitration centers are renowned for supporting…

Sep 04
Arbitration Between Parties to Franchise Agreements in Canada

In most circumstances, a franchise agreement will include an arbitration clause to…

Sep 04
Case Summary – Uber Technologies Inc v Heller

The Facts The respondent, David Heller, provided food delivery services in Toronto…

Sep 04
Wording of Arbitration Clauses Creates Suspensive Condition: UAE Cassation Court Provides Insight

In March 2021, the Abu Dhabi Cassation Court, the highest court in the Emirate of Abu…

Sep 04
Recent UAE Ruling Deems FIDIC Arbitration Clauses Unenforceable

In a stunning judgment, the highest Court in Dubai, the Dubai Cassation Court, ruled…

Sep 04
Is an Arbitration Agreement Waived if Parties Engage in Court Proceedings: UAE Cassation Court Judgment Provides Insight

In a recent judgment by the highest court in the Emirate of Abu Dhabi, the Abu Dhabi…

Sep 04
How to Pick the Perfect Arbitrator for your Dispute

Arbitration, as with other ADR methods, has a multitude of benefits that situate it…

Sep 04
How Confidential are Arbitration Proceedings: Recent Judgment Demonstrates Confidentiality Loopholes

One of the prime benefits of arbitration is the confidentiality that befalls the…

Sep 04
Highest Court in Dubai Rejects the Enforcement of an Unsigned Arbitration Agreement

In mid-2021, the Dubai Cassation Court refused to grant a writ of enforcement for an…