Thomas G. Heintzman, O.C., Q.C., FCIArb

Does The Competence-Competence Principle Apply To Third Parties To An Arbitration Agreement?

The competence of an arbitral tribunal to determine its own competence has become firmly rooted in Canadian law.  But what happens when the tribunal has to decide issues which directly affect third parties? In Ontario v. Imperial Tobacco Canada Limited, the Court of Appeal for Ontario recently held that, in that circumstance, the principle does […]

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Domain Name Disputes: Should They Be Resolved In A Court Or An Arbitral Tribunal?

  Should A Court Or An Arbitral Tribunal Resolve Domain Name Disputes? The Court of Appeal for Ontario has just released its decision in Tucows.Com Co. v. Lojas Renner S.A.  This decision is a legal landmark in relation to Internet domain names. The Court held that domain names are personal property and may be the […]

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Can A Party Enforce An Arbitration Award In One Court And Litigate The Issue In Another Court?

Arbitration  –  Enforcement  –  Anti-Suit Injunction The Ontario courts have recently considered two issues with respect to the enforcement of an arbitration award: Should the court refuse to enforce an award because the party which seeks to enforce it is taking proceedings in another jurisdiction which contradict the award?  And should an anti-suit injunction be […]

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