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Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic
Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic
Antonin I. Pribetic
A trilogy of interesting cases involving private international law recently wended their way to the Supreme Court of Canada: (1) King v. Drabinsky (an Ontario case addressing the applicability of the Charter in respect of the enforcement of a foreign judgment); (2) Teck Cominco Metals Ltd. v. Lloyd's Underwriters (a British Columbia case involving declaratory relief in the context of parallel proceedings and forum non conveniens); and (3) Yugraneft v. Rexx Management Corporation (an Alberta case which affirmed that the two-year limitation period under s.3 of Alberta's Limitations Act, governs when a party seeks the recognition and enforcement in Alberta …
"'Winning Is Only Half The Battle': Procedural Issues Relating To The Recognition And Enforcement Of Foreign Arbitral Awards”, Antonin I. Pribetic
"'Winning Is Only Half The Battle': Procedural Issues Relating To The Recognition And Enforcement Of Foreign Arbitral Awards”, Antonin I. Pribetic
Antonin I. Pribetic
This article addresses some potential problems which may arise in the recognition and enforcement of foreign arbitral awards under the UNCITRAL Model Law on International Commercial Arbitration, including the application of the Ontario Limitations Act, 2002 which has changed the conflict of laws rules relating to the law of limitations from a procedural to a substantive issue.