Commercial Litigation and Dispute Resolution Blog

In Dow Chemical Canada ULC v Nova Chemicals, 2023 ABKB 215, Justice Woolley dismissed Dow’s Originating Application seeking, among other things, a declaration under s. 47 of the Arbitration Act RSA 2000, c A-43 that an arbitration was invalid because the arbitration agreement did not apply to the matter in dispute.

Section 47 of the Arbitration Act allows a party who has ...

Earlier this year, we wrote about how questions about the applicable standard of review of arbitral awards had been re-opened by two decisions of the Supreme Court of Canada (“SCC”), Canada (Minister of Citizenship and Immigration) v. Vavilov^[1] (“Vavilov”) and Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District^[2] (“Wastech”).

On ...

For several decades in Canada, the court has applied the deferential standard of “reasonableness” when reviewing arbitral awards - subject to a narrow set of exceptions.

When applying the reasonableness standard, a reviewing court will show deference to the reasons of the decision-maker and uphold the award so long as the award falls within a “range of reasonable ...

September 1, 2020 was a historic day for domestic arbitration in British Columbia for three reasons:

• The BC International Commercial Arbitration Centre changed its name and became the “Vancouver International Arbitration Centre” (referred to as “VanIAC”);
• The province’s new Arbitration Act (the “New Act”) came into force; and
• VanIAC’s updated ...

On September 1, 2020, a new Arbitration Act, S.B.C. 2020, c. 2, (the "New Act") will come into force in B.C., which will repeal and replace the current Arbitration Act, R.S.B.C. 1996, c. 55 (the “Current Act”).  The New Act will apply to arbitral proceedings commenced on or after the date it comes into force.

This is the first major overhaul since the Commercial ...