Lecture on Separability and Kompetence-Kompetence
Part 1 Part 2 Part 3
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My SCC appearances
In Uber v Heller, Uber attempts to require one of its drivers, Mr. Heller, to use arbitration instead of the courts, if he wishes to sue Uber. The significance is this: if Uber succeeds in requiring Mr. Heller to use arbitration, then Mr. Heller may not commence his class action. This case picks up on […]
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How Heuristics Misshape Reasoning and Lead to Increased Costs in Arbitration
Anthony Daimsis Chapter 6: Heuristics Misshape Reasoning and Increasing Costs [Cite as: Daimsis, Anthony in: “Finances in International Arbitration: Liber Amicorum Patricia Shaughnessy”, Edited by Sherlin Tung, Fabricio Fortese, Crina Baltag, Wolters Kluwer] Anthony Daimsis 6.01 Introduction This publication’s theme focuses on the costs of arbitration. One of the many advantages touted by arbitration […]
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Uber and Disney ONCA
Like a poor Marksman, ONCA keeps missing the Arbitration target By: Anthony Daimsis* Introduction This comment calls out the ONCA’s struggles with foundational arbitration principles like seat theory, competence-competence, and uniformity with respect to international arbitral legal instruments. The ONCA’s struggles risk exposing Ontario as an undesirable arbitral seat. Any good arbitration’s protagonist is the […]
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Creative thinkers need not apply
If you haven’t yet heard, AI is our profession’s next watershed moment. In areas such as document review and contract drafting, that moment is already here. But industrial-age thinking by Canadian law schools, law firms and even Ontario’s law society overlook the imminent AI era. Creative lawyers will complement artificial intelligence, but our profession’s structures […]
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Competent Ontario commercial lawyers should know about the CISG
I am always surprised to meet lawyers who specialize in commercial law but who do not know about a valuable tool: the CISG. My concern is that their lack of familiarity with the United Nations Convention on the International Sale of Goods likely breaches their professional responsibilities. As someone who has taught both common law […]
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Quebec’s Arbitration Law: Still a Unified Approach?
Quebec’s Arbitration Law – still unified? (Quebec’s new arbitration law):
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Mutual v. Unilateral: the future of appointing arbitrators
(Published in The Lawyers Weekly, September 16, 2011) Jan Paulsson is a name known throughout international arbitration circles. When he speaks, it is wise to listen. Indeed, when Mr. Paulsson speaks, or writes, or even muses, most of us interested in international dispute resolution – and to a lesser extent international commercial law – ought […]
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