Like a Poor Marksman, ONCA Keeps Missing the Arbitration Target
(2019) 1:1 Can J Comm Arb, Forthcoming
13 Pages Posted: 13 Aug 2019 Last revised: 10 Dec 2019
Date Written: August 8, 2019
This comment calls out the struggles of the Court of Appeal for Ontario (“ONCA”) with foundational arbitration principles like seat theory, competence-competence, and, uniformity in applying legal instruments on international arbitration, in particular, its Uber and Disney decisions. The ONCA’s struggles risk exposing Ontario as an undesirable arbitral seat. Any good arbitration’s protagonist is the tribunal, but even the best tribunal needs a good supporting cast in the form of supervisory courts. Ontario courts must adapt to fit the part.
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