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23 Jul 2017, 6:51 am by Thomas G. Heintzman
This question seems very straightforward, but when the Arbitration Act provides several rights of appeal, depending on what the parties have or have not agreed upon, then which of those rights of appeal apply? [read post]
30 Mar 2013, 2:34 pm by Thomas G. Heintzman
Most commercial agreements contain a clause stating that the contract is binding upon and for the benefit of “successors. [read post]
27 Apr 2014, 7:10 am by Thomas G. Heintzman
Competence-competence is a central principle of international commercial arbitration: the tribunal has the competence to decide its own jurisdiction. [read post]
23 Sep 2012, 5:38 pm by Thomas G. Heintzman
A clause obliging the insurer to defend an insured, or pay for the insured’s defence, is a well know feature of liability insurance policies. [read post]
6 Jan 2013, 2:45 pm by Thomas G. Heintzman
The Queen’s Bench Court for Saskatchewan recently applied the Saskatchewan International Commercial Arbitration Act (SICAA) and the UNCITRAL Model law annexed to that Act and stayed an action based on the Saskatchewan Consumer Protection Act and a contract which was apparently between two Canadian entities. [read post]
18 Nov 2015, 4:43 pm by Thomas G. Heintzman
See Heintzman and Goldsmith on Canadian Building Contracts (5th ed.), chapter 11, part 13(d). [read post]
11 Nov 2012, 9:31 am by Thomas G. Heintzman
Bonds and other forms of guarantees and indemnities are commonly used on construction projects. [read post]
8 Jul 2012, 2:58 pm by Thomas Heintzman
One of the most difficult issues in the law of alternative dispute resolution is whether a mediation clause creates an enforceable obligation. [read post]
24 Jul 2016, 1:22 pm by Thomas G. Heintzman
The Saskatchewan Court of Appeal has recently released an interesting decision dealing with arbitration and court proceedings arising from a construction contract. [read post]
16 Sep 2012, 7:36 am by Thomas Heintzman
Overview Courts are often unwilling to hold that an agreement is unenforceable for uncertainty when, by all appearances, the parties intended to make a contract. [read post]