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 Honourable David C. Dingwall appointed International Commercial Arbitrator

November 8th, 2010

Affleck Greene McMurtry LLP (AGM), a leading Toronto-based commercial litigation and competition law practice, is proud to announce that The Honourable David C. Dingwall, P.C, Q.C., Counsel with AGM, has been appointed an International Commercial Arbitrator by the ICC National Committee of the Canadian Chamber of Commerce. 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