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Bay Street Chambers Welcomes Marty Sclisizzi

Bay Street Chambers is pleased to announce that Marty Sclisizzi has joined us to practice as an independent commercial arbitrator and mediator. Marty is a former Senior Partner at Borden Ladner Gervais LLP with over 40 years experience as a trial and appellate counsel. He brings a wealth of experience in handling a wide variety

Energy and International Boundaries By Tim Martin

The energy sector, in particular the oil & gas business, has a long history of dealing with international boundaries and the disputes that sometimes arise from them. This happens when oil and gas fields extend over international borders. Geology pays no attention to political boundaries. However, international oil companies (IOCs) have to pursue that geology

A Leading International Dispute Resolution Template By Tim Martin

A newly revised template for dispute resolution clauses in international agreements has just been published. It was produced by the international oil & gas industry, but can be easily used for the dispute resolution provisions in any type of agreement involving parties from other countries and jurisdictions. The sponsoring organization is the Association of International

Dispute Resolution in International Energy Sector By Tim Martin

The international petroleum business invests in large, complex, capital-intensive projects that have long life spans. Circumstances, economics, governments and parties invariably change in these international oil and gas projects, which can often lead to a dispute. The petroleum sector is also a major global investor. The result is that the international energy sector, along with

International Mediation: An Evolving Market by Tim Martin

Advocates of mediation claim that mediation is a more cost-effective and time-efficient process than arbitration to resolve international disputes. Since one would assume that companies will choose the fastest and cheapest way to resolve their disputes, it should therefore follow that the number of mediations should grow more than the number of arbitration cases in

All is not Well, Man by Anthony Daimsis

All is not Well, Man: Ontario Courts should pay closer attention to arbitration law when deciding arbitration cases by: Anthony Daimsis[1]   Disclosure: I’m an unapologetic pro arbitration advocate so you probably don’t need to read my entry to know my views on this topic. But this is not a pro arbitration posting – it’s

Jura Novit Curia in Canada by J. Brian Casey

The concept of jura novit curia (the court knows the law) is a civil law doctrine, which in its purest form provides that the parties to a dispute have the obligation to prove the facts of their case, but it is the judge who will decide what law is applicable to those facts. A search

The City of Ottawa v. The Coliseum Inc., A Case Comment by Joel Richler

The domestic arbitration process in Canada has been vexed for many years by the question of appeals from arbitral awards. As recently noted in Highbury Estates Inc. v. Bre-Ex Limited,[1] there is no inherent right to appeal an arbitrator’s award; any appeal right comes either from statute, or by express agreement of the parties. As

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