"The Right to Arbitrate – Only as Solid as the Language Used: When is a Dispute "Commercial" under the
International Commercial Arbitration Act (Ontario)?", Journal d’Arbitrage et de Médiation Canadien, November 2009
Date:
November 16 2009
In Patel v. Kanbay International Inc. (2008), 93 O.R. (3d) 588 the Ontario Court of Appeal ruled that a dispute involving a shareholders’ agreement, alleged misrepresentation as to the economic value of shares and a resulting wrongful dismissal lawsuit did not engage “commercial” matters within the meaning of article 8(1) of the UNCITRAL Model Law on International Commercial Arbitration, also known as the “Model Law.” On its face, this constitutes a narrow view as to the applicability of the Model Law in Ontario...
Republished with permission.
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