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

Ontario Court Of Appeal Upholds Decision In Popack v. Lipszyc re UNCITRAL Model Law

In my article on April 24, 2016, I commented upon the important decision of the Ontario Superior Court in Popack v. Lipszyc, 2015 CarswellOnt 8001, 2015 ONSC 3460. That decision has been recently upheld by the Ontario Court of Appeal. The Court of Appeal did not address the various legal issues dealt with in my article […]

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Can The Parties Contract Out Of The UNICITRAL Model Law?

The Model Law of the United Nations Commission on International Trade Law (UNCITRAL) applies to international commercial arbitration agreements and awards. The Model Law has been adopted in all the provinces and territories of Canada, For instance, the Model Law has been adopted in the Ontario International Commercial Arbitration Act (ICCA). Under article 34 of […]

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Ontario Court Declines To Enforce a Mareva Injunction In Aid Of An International Commercial Arbitral Award Due To Non-Disclosure

In Stans Energy Corp. v. Kyrgyz Republic, the Ontario Divisional Court recently refused to uphold a Mareva injunction issued to enforce an arbitral award made in Russia due to the applicant’s failure to fully disclose the proceedings to review that award in Russia. This decision is of interest on two accounts First, it is a […]

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When May A Mareva Injunction Be Issued To Enforce An International Commercial Arbitration Award?

In Sociedade-de-Fomento Industrial Private Ltd. v. Pakistan Steel Mills Corp. (Private) Ltd, the British Columbia Court of Appeal recently considered the use of a Mareva injunction to enforce an award of an international commercial arbitration. The court over-turned the lower court’s decision which had denied that remedy based upon alleged material non-disclosure. In doing so, […]

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