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

An International Commercial Arbitral Award Is Enforced Even Though It Provided No Reasons

In Canada, the obligation of a tribunal to give reasons has become one of the hallmarks of justice.  But do arbitrators have an obligation to give reasons?  Not if the parties agree that no such reasons need be given and the arbitration is an international commercial arbitration conducted pursuant to the UNCITRAL Model Law.  That […]

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How Correct Does An Arbitrator Have To Be?

What margin of error does an arbitrator have?  Should an arbitral tribunal’s decision be set aside if it is legally incorrect?  Or should a wider deference be shown, so that a decision will only be set aside if it is unreasonable, or perverse? And how detailed does an arbitral decision have to be? Can it […]

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Ontario’s Highest Court Upholds NAFTA Arbitration Award Against Mexico

The Ontario Court of Appeal has just released an important decision upholding an arbitration award under NAFTA against Mexico.  This decision shows that Canadian courts will be reluctant to interfere on jurisdictional grounds with the remedial decisions of international commercial arbitrations. In The United Mexican States v. Cargill, Incorporated, Mexico opposed the recognition in Ontario […]

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When Is An Arbitration Award An Enforceable Judgment?

When you enter into an arbitration agreement, do you think about whether the arbitration process results in an enforceable judgment?  You should. The award that you receive at the end of the arbitration process isn’t a judgment and can’t be immediately enforced as a judgment.  That is what the U.K. Court of Appeal recently held […]

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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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Is A Subcontractor Bound By The Arbitration Clause In The Main Contract?

In a judgment delivered on May 6, 2011, Chief Justice Joseph P. Kennedy of the Nova Scotia Supreme Court dealt with a contentious issue relating to arbitration clauses in construction contracts. Is an arbitration clause in the main contract between the owner and the contractor incorporated into a subcontract between the contractor and subcontractor? If […]

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