I regularly publish analysis of developments in cases and international practice, and am a contributor to Arbitration Matters. Read a selection here:
Case Note – Inter Pipeline Ltd v. Teine Energy Ltd, 2024 ABKB 740, Arbitration Matters, 7 February 2025 (test for stay of domestic award enforcement pending challenge or appeal)
Case Note – Royal and Sunalliance Insurance v Ontario Provincial Police, 2024 ONSC 5505, Arbitration Matters, 20 November 2024 (pre-hearing disclosure from non-parties to arbitration)
Case Note – Colbourne Chrysler Dodge Ram Ltd. v. MacDonald et al. v. Colbourne, MacDougall, and Denny, 2024 NSSC 204, Arbitration Matters, 29 August 2024 (stay of litigation in favor of arbitration)
Case Note – Medivolve v. JSC Chukotka Mining, 2024 ONSC 2200, Arbitration Matters, 5 June 2024 (enforcement of award despite respondents’ non-participation)
Case Note – The Law Society of British Columbia and Valerie Frances Hemminger, 2024 LSBC 7, Arbitration Matters, 27 Mar. 2024 (evidence relevant to the test of reasonable apprehension of bias)
Timothy Reflects (2023): Are arbitral tribunals soft targets for bad actors?, Arbitration Matters, 17 Jan. 2024 (observations on the set-aside proceeding in P&ID v Nigeria)
Case Note – Hawthorn v. Hawrish, 2023 BCCA 182, Arbitration Matters, 7 June 2023 (arbitration of amended claims after attornment to court)
Case Note – CC/Devas (Mauritius) Ltd. v. Republic of India, 2022 OCCS 4785, Arbitration Matters, 14 Feb.2023 (state immunity in the context of award enforcement)
Timothy’s 2022 Hot Topic – At the crossroads of class actions and arbitration, Arbitration Matters #702, January 2023
Alberta – Court of Appeal to clarify its jurisdiction in arbitration matters, Arbitration Matters #689, December 2022
Amazon purchasers’ class-action competition claims referred to arbitration, Arbitration Matters #683, November 2022
Case note - Ong v Fedoruk, 2022 ABQB 557, Arbitration Matters, September 2022
Promoting witness honesty in virtual hearings and the lessons to be learned from social science: A conversation with Dr. Ula Cartwright-Finch, New York Dispute Resolution Lawyer, Vol. 14 No. 2, September 2021.
A warning shot for investor-state dispute settlement under NAFTA 2.0? HSF Notes, August 2017
What to watch for as NAFTA (re)negotiators get to work HSF Notes, August 2017
UK’s ratification of ILO Forced Labour Protocol HSF Notes, January 2016
High Court of Hong Kong requires strong reasons to refuse to enjoin foreign proceedings brought in breach of Hong Kong arbitration clause HSF Notes, May 2015
Investor’s claims against Peru thrown out due to abusive corporate restructuring to acquire treaty rights HSF Notes, February 2015
PCA–Hong Kong Host Country Agreement anticipates increase in disputes involving States in Asia HSF Notes, January 2015
NAFTA tribunal considers issues of res judicata and the customary international law minimum standard of treatment HSF Notes, November 2014
The future of investment agreements: meeting of the World Investment Forum Unclean hands and contributory fault HSF Notes, November 2014
Unclean hands and contributory fault, Global Arbitration Review, September 2014 (Subscription required)
Revisions to the HKIAC’s Model Clauses address uncertainty regarding the law governing arbitration clauses HSF Notes, August 201
The largest Arbitration Awards in history: Three majority shareholders in Yukos awarded total damages of over $50bn from the Russian Federation HSF Notes, August 2014