April 3, 2024

Ontario Court of Appeal Clarifies the Bounds of 'Constructive Fraud' in Arbitration Awards

Ontario Court of Appeal Clarifies the Bounds of ‘Constructive Fraud’ in Arbitration Awards

Brief The Ontario Court of Appeal’s decision in Campbell v. Toronto Standard Condominium Corporation No. 2600, 2024 ONCA 218 critically examines the conceptual boundaries of “fraud” within the ambit of the Arbitration Act, 1991. At the heart of this deliberation is whether “constructive fraud” falls under the legislative framework’s definition of “fraud,” particularly in sections […]

Ontario Court of Appeal Clarifies the Bounds of ‘Constructive Fraud’ in Arbitration Awards Read More »

NSW Supreme Court Enforces Arbitration Despite Waived Preconditions in Icon SI v. ANSTO

NSW Supreme Court Enforces Arbitration Despite Waived Preconditions in Icon SI v. ANSTO

Brief In the pivotal case of Icon Si (Aust) Pty Ltd v Australian Nuclear Science and Technology Organisation [2024] NSWSC 324, the Supreme Court of New South Wales rendered a decision that emphatically underscores the judiciary’s commitment to enforcing arbitration clauses within commercial contracts. The case arose from a dispute concerning a construction contract for

NSW Supreme Court Enforces Arbitration Despite Waived Preconditions in Icon SI v. ANSTO Read More »