Court of Appeal Finds English Arbitration Statute Applies Even Though Seat of Arbitration is in Ontario, Commercial Litigation and Arbitration Review

Tammy Jacobson and Larissa Fulop recently authored the article "Court of Appeal Finds English Arbitration Statute Applies Even Though Seat of Arbitration is in Ontario", originally published in Commercial Litigation and Arbitration Review, February 2019.

Excerpt:

A recent ruling from the Ontario Court of Appeal suggests that the place or “seat” of arbitration does not necessarily determine the procedural laws that will apply where the parties have referenced other arbitration legislation in their agreement. The decision in The Walt Disney Company v. American International Reinsurance Company, Ltd. may be only seven short paragraphs, but it raises interesting questions and has practical implications for parties drafting arbitration clauses.