Table Manners – Recipes for Negotiators

The Hon. David C. Dingwall, P.C., Q.C.
Affleck Greene McMurtry LLP April 12th, 2013

The legendary basketball coach, John Wooden, once said: “A failure to prepare is preparing to fail.” The same can be said of the negotiator. Preparation is another crucial determinant of the negotiating process. Full article

Class action waiver upheld in competition case

W. Michael G. Osborne
Affleck Greene McMurtry LLP December 5th, 2011

In a recent decision, the Federal Court of Canada enforced a class action waiver and an arbitration clause in a private action under section 36 of the Competition Act.[1] The [...] Full article

International arbitrations get deference on merits but not jurisdiction

Christopher Somerville
Affleck Greene McMurtry LLP November 15th, 2011

The Ontario Court of Appeal shed new light on the standard of review for international arbitrations in United Mexican States v. Cargill, Inc. Courts must review an arbitral tribunal’s assumption of jurisdiction on a correctness standard. But the merits of the tribunal’s decision attract the utmost deference. The Court found that the NAFTA Chapter 11 Arbitral Tribunal under review correctly assumed its jurisdiction, upholding the Tribunal’s $77.3 million award against Mexico. Full article

The International Centre for Settlement of Investment Disputes – Its Time Has Come

The Hon. David C. Dingwall, P.C., Q.C., ^[1]
Affleck Greene McMurtry LLP September 22nd, 2010

Canada’s ratification of the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the “Convention”) has been a long time coming. Since signing the Convention in [...] Full article