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

Newfoundland Court Holds That Parties Can Contract Out Of Statutory Remedies For Review Of Arbitral Awards

In its recent decision in Newfoundland and Labrador v. ExxonMobil Canada Properties, 2017 NLTD(G) 147, the Supreme Court of Newfoundland and Labrador decided a number of issues relating to the review of arbitral awards. In particular, the court held that the parties may limit the scope of court review of arbitral awards provided by the […]

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Arbitral Rules Held To Exclude Right To Appeal Arbitration Award

Parties who select arbitral rules, or the administration facilities of an arbitral institution, may do so because they believe that the rules or institution will provide a fair and efficient administration of the arbitral process. They may not suspect that the rules will affect their right to appeal the award. However, in Highbury Estates Inc. […]

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Can An Entire Agreements Clause Make A Party To An Agreement Also A Party To Another Agreement?

In construction projects, there will often be several agreements between the various participants. Those agreements may contain “entire agreement” clauses to ensure that the parties are bound only by the terms of the agreement they sign. But could the entire agreement clause have the opposite effect if it refers to one of the other agreements? […]

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