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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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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When Is An Arbitration An International Commercial Arbitration?

Is an arbitration between two domestic companies arising from a contract for a shipment between two foreign countries an “international commercial arbitration” for the purposes of the UNCITRAL Model Rules, particularly if the arbitral agreement requires arbitration in a foreign location?  And if it is, does the domestic court have any residual discretion to stay […]

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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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