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This paper proposes a structured, tiered framework through a UNCITRAL Model Law to gradually integrate artificial intelligence (AI) into foreign investment law arbitration in an ethical and effective manner. It also explores the critical role arbitration institutions can play in facilitating AI implementation. It details how AI can assist arbitrators by searching vast datasets, automating routine tasks, and enhancing decision-making through analysis of previous cases. Current AI regulations in regions like the EU, UK, and Canada fall short in addressing the complexities of cross-border arbitration and ensuring interoperability. By emphasising the distinct contributions of the proposed UNCITRAL Model Law and arbitration institutions, the paper highlights a multi-faceted strategy to overcome challenges posed by outdated international conventions, inconsistencies in bilateral investment treaties, and the lack of comprehensive guidance. This approach aims to refine the integration of AI in arbitration processes, enhancing efficiency, fairness, and the legitimacy of the arbitration system. [ABSTRACT FROM AUTHOR]

The article discusses the court case Uber Technologies Inc. v. Heller heard by the Supreme Court of Canada, wherein the Court determined whether an Uber driver is or is not an employee within the meaning of Ontario's Employment Standards Act 2000. Topics covered include the facts of the case, Uber's standard form services agreement for its food delivery services drivers, and the court's finding that the arbitration clause in the agreement is unconscionable and therefore invalid.

Presents a reply to comments made on a study about the experience of British Columbia teachers' union and school districts with arbitration. Bargaining histories of British Columbia school districts; Cause of the shifts from bargaining to arbitration; Actions taken by the School Trustees Association on the arbitrations.

Comments on a study about the experience of British Columbia teachers' union and school districts with compulsory, conventional arbitration. Trend in the use of arbitration during 1960-1973; Impact of personal preferences of the authors on the conclusion of the study.

Copyright of Industrial Relations / Relations Industrielles is the property of Universite Laval, Department of Industrial Relations and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Hypersexual Disorder, often termed colloquially as sex addiction, does not appear as a diagnosis in the most recent edition of the DSM, as there was insufficient empirical support for the putative cluster of symptoms involving preoccupation with sexual thoughts, feelings, and behaviours. Despite the lack of scientific evidence for a sex addiction diagnosis, the popular media continue to discuss sex addiction, and individuals continue to present clinically seeking assistance with their out-of-control sexual behaviours. Importantly, ''sex addiction'' is being led as a defence in criminal and civil matters in several jurisdictions. Building on a recent American case law review, the current research systematically sampled Canadian court, tribunal, and arbitral case law to query how these venues are addressing the concept of sex addiction. Case law was identified using the comprehensive Canadian legal database, Quicklaw, using an exhaustive list of key terms. Of the 111 cases identified and screened, 63 were excluded, and 48 were included in the review. Results indicate sex addiction is being used most commonly in criminal law and family law matters but is also used at arbitral and professional disciplinary hearings, as well as in administrative proceedings (including employment, human rights and immigration hearings). The current article presents examples of how sex addiction is being used in these venues and offers commentary on the ways in which legal and scientific epistemologies differ. [ABSTRACT FROM AUTHOR]

The Asian Principles of Private International Law (APPIL) finalized in 2017 is a project undertaken by private international law scholars of 10 East and Southeast Asian jurisdictions to harmonize the region’s private international law rules or principles. Containing principles on choice of law, international jurisdiction, the recognition and enforcement of foreign judgements, and the judicial support of international commercial arbitration, they are the first harmonization effort in Asia based on comparative analyses of the private international law of the 10 participating APPIL-Jurisdictions. Being the first “voice of Asia” in private international law, they may serve as a model for national and regional instruments and thus may be used by the private international law legislators of Asian jurisdictions to interpret, supplement and enact their own private international law statutes; and may even be applied by state courts and arbitral tribunals, albeit not as legally binding instrument but as “soft law”. They will mainly function as a private international law model law. [ABSTRACT FROM PUBLISHER]

In its groundbreaking decision in Dunsmuir, issued in 2008, the Supreme Court of Canada reduced the number of judicial review standards to two - correctness and reasonableness - and directed courts to afford a high degree of deference to administrative decisions dealing with findings of fact, matters of inextricably intertwined law and fact, and exercises of discretion. Nonetheless, since Dunsmuir, there has been growing concern that the courts' intervention in labour board and labour arbitration decisions has increased. This empirical study examines the frequency and outcomes of judicial review applications from decisions of the Ontario Labour Relations Board and Ontario labour arbitrators, and concludes that the courts' interference in those decisions has in fact increased in the post-Dunsmuir period as compared to the pre-Dunsmuir period. Based on a total of 249 judicial review decisions for the period from 2003 to 2013, the research results reveal that the number of OLRB decisions quashed on judicial review increased from 7% in the pre-Dunsmuir period to 21% in the post-Dunsmuir period, while the number of labour arbitration awards quashed on review increased from 18% to 30%. In the majority of those decisions, the courts conducted an intrusive analysis of the tribunal's reasoning, reconsidered the weight accorded to evidence, and made their own findings of fact. Furthermore, there is a high degree of inconsistency among courts in the selection of the standard of review applicable to decisions involving an award of damages or the interpretation of "external" legislation or common law doctrines. [ABSTRACT FROM AUTHOR]

The article offers insight to the compulsory arbitration in Ontario, Canada. Topics discussed include overview of the factors arbitrators have relied on to settle interest disputes; impact of austerity policies and proposed arbitration reforms on the arbitration process and its outcomes; and list of labor arbitration cases in Canada as provided under Canadian Labour Arbitration Summaries.

This article investigates first contract arbitration's ( FCA) capacity to foster bargaining relationships and deter misconduct by analyzing its effect on decertifications. Using time-series cross-sectional ( TSCS) analysis with data from nine Canadian provinces over a four-decade period, it shows: (1) FCA correlates with 20 to 37 percent fewer decertifications in provinces that have an FCA provision relative to those that do not; (2) of the various types of FCA, the automatic and fault forms have the most robust effect on decertifications while the mediation-arbitration form may have the largest effect on decertifications; and (3) the effect of FCA is heightened in the presence of card-check certification such that the best results for fostering bargaining relationships may be found in the presence of both policies. [ABSTRACT FROM AUTHOR]

A rising tide of Islamophobia in the United States has led, in recent years, to state-level efforts to prohibit the application of Sharia law in American courts. While these bans have been largely unsuccessful as legislation--the U.S. Tenth Circuit Court of Appeals has even declared one such ban unconstitutional--the growing uneasiness among Americans regarding the application of Sharia law persists. Similar tensions have been addressed in Canada and the United Kingdom through reform of the application of Sharia law in alternative dispute resolution (ADR) mechanisms. By taking a critical look at the American ADR system through the lens of Canadian and British reforms, a mode of reconciling religious arbitration with egalitarian values, and concerns, can emerge. [ABSTRACT FROM AUTHOR]

The article looks at decision of the Canada Supreme Court in the case Creston Moly Corp. v. Sattva Capital Corp. related to the common law approach of characterizing contractual interpretation. Topics discussed include rights and obligations flowing from a contract, arbitrator's award available under the British Columbia Commercial Arbitration Act and interpretation of a particular contract is generally limited to the interests of the parties to the dispute.

The article focuses on the decisions of Indian Supreme Court and Canadian Supreme Court on arbitrariness of public authorities in the 2G (second generation) Spectrum case and the Insite Case respectively as of January 2014. Topics include the arbitral nature of "first come, first served" policy of mobile phone spectrum, regulation of health policy in Canada and telecommunications policy in India by Supreme Courts and rule of law on arbitrariness proposed by British philosopher Jeremy Bentham.

On September 12, 2013, Eli Lilly if Co., in filing its Notice of Arbitration with the North American Free Trade Agreement against the Government of Canada, became the first private investor to contest a national patent regime through arbitral means. In the Notice, Lilly alleges that Canada violated NAFTA Articles 1110 (covering expropriation) and 1105 (covering minimum standards of treatment) by allowing Canada Federal Courts to unlawfully invalidate two of Lilly's patents, CA 2,041,113 and CA 2,209,735, protecting the compounds comprising Zyprexa and Strattera, respectively, through application of its controversial "promise doctrine." Whether arbitration through NAFTA is an appropriate way to contest a NAFTA member state's patent regime is hotly contested. But Canada Federal Courts have invalidated an increasing number of pharmaceutical patents for failing to meet the promise doctrine, leaving pharmaceutical companies in Canada uncertain as to the extent of their patent rights. Still, NAFTA allowing pharmaceutical companies to successfully dispute national patent laws could have significant future consequences. This note outlines the circumstances surrounding Lilly's dispute, analyzes the dispute's viability, and explores various potential implications of the dispute going forward. [ABSTRACT FROM AUTHOR]

This paper examines the effects of a major labor law reform package in the Canadian province of Ontario on the negotiation of first agreements for newly certified bargaining units using a quasi-experimental research design. The findings indicate that first contract success rates were 8-14 percentage points higher under the regime that included automatic first contract arbitration relative to the comparison regime of 'no-fault' first contract arbitration, despite imposition rates being only 2-4 percentage points higher. Further, in the more hostile-to-labor regime, only 38 percent of petitions ultimately reached a first agreement despite the presence of quick-votes, and 'no-fault' first contract arbitration. [ABSTRACT FROM AUTHOR]

The article looks at debates surrounding the Ontario Shari'ah tribunals, a form of faith-based arbitration for resolving family disputes allowed under the Ontario Arbitration Act of 1991. Particular focus is given to representations of Muslim women during the debates and to concerns surrounding gender equality under Islamic law. Topics discussed include imperialism, Orientalism, and Muslim ontology.

El artículo discute sentencias y decisiones en el área de Arbitraje emitidas entre marzo y mayo de 2013. Se incluyen una sentencia del Tribunal Superior de Justicia de Andalucía, España, que anula un laudo por caducidad según la reforma de 2011 de la Ley de Arbitraje, un laudo internacional entre la empresa de cementos St. Marys VCNA LLC y el gobierno de Canadá y otro entre la petrolera Rompetrol Group NV y el gobierno de Rumanía.

The article discusses the adjudication of human rights claims in unionized workplaces in Canada as of April 2013, focusing on the differences between the American and Canadian approaches to workplace human rights claims. The Supreme Court of Canada is mentioned, along with statutory human rights tribunals, arbitration, and the rights of unionized employees. The U.S. Supreme Court case Alexander v. Gardner-Denver Co. is examined, along with Canadian case law and labour arbitrators.

Copyright of Canadian Bar Review is the property of Canadian Bar Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The essential duties that police officers perform, and the absence of a right to strike, creates the need for an effective, impartial procedure for the resolution of bargaining disputes. This article argues that, with the shift of focus under the Fair Work Act 2009 (Cth) to good-faith bargaining, police officers have been left without an effective dispute resolution mechanism, partly because of the limitations on arbitration but also because of uncertainties surrounding the scope of the 'protected action' provisions of the Act for police officers. Following a review of police pay-setting arrangements in comparable jurisdictions, this article examines and proposes options for an alternative model, including a mandatory final-offer' arbitration ('FOA ') model as used for police bargaining in Canada, New Zealand and the United States. Research shows that -- aside from providing an effective closure mechanism for bargaining disputes where strikes or lock-outs are unavailable -- mandatory FOA offers a range of benefits to police bargaining, and could provide an ideal 'fit' for the current bargaining-centred system. The article's findings are of significance not only to police officers, but to all emergency services workers covered by the Fair Work bargaining regime. [ABSTRACT FROM AUTHOR]

Copyright of Ottawa Law Review is the property of University of Ottawa, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article presents information on the significant legal developments during the year 2011 that took place in the regions of Canada. The judicial review of the investor and state arbitrations based on the North American Free Trade Agreement, issues related to foreign bribery and the competition and securities law of Canada are discussed. The role of World Trade Organization (WTO) in providing clean renewable power and the immigration law for specialized workers are also discussed.

The article focuses on provisions for investor state arbitrations under Chapter 11 of the North American Free Trade Agreement (NAFTA). It refers the case in which arbitral proceedings at the Permanent Court of Arbitration were initiated by Chemtura Corp. after its pesticide called lindane was banned by the Canadian government and explains whether a host State can adopt precautionary policies and its impact on risk regulation.

The article focuses on the costs associated with public interest litigation in Canada. Topics include cost allocation of legal representation, adverse costs, and protective cost orders. Information is provided on fee-shifting regulations, recovery of attorney's fees, and the disbursement of awards post trial.

The article focuses on Canada's Rules of Civil Procedure and examines if the Rules undermine justice administration in civil cases in Canada. Topics include incentives for settlement, inequality in the justice system, and the number of civil cases tried through litigation rather than mediation or alternative dispute resolution in Canada per year.

The article discusses the impact of Canadian and U.S. arbitration of human rights and employment claims as of September 2011, focusing on the U.S. Supreme Court's decision in the case 14 Penn Plaza LLC v. Pyett which deals with arbitrator jurisdiction. The right to appeal an employment discrimination or human rights claim in a judicial forum is also mentioned. The Canadian Human Rights Tribunal's organizational structure is examined, along with Canada’s system of multiple forums which handle employment discrimination disputes.

The article explores the potential of alternative dispute resolution (ADR) processes in the context of intellectual property (IP) cases in Canada. It examines the early research on the attitudes and perceptions of disputants and their counsel to the prospect of ADR processes. It also mentions that various innovations in ADR are surveyed including early neutral evaluation, summary trial, mediation and arbitration.

The article discusses the Canadian court case White Bear First Nations Chief and Council v. Canada (Minister of Indian Affairs and Northern Development) asks for judicial review of a ruling on the distribution of a land ownership award between three First Nation tribes. The application for judicial review was dismissed with costs.

The article focuses on the confidentiality of commercial arbitration in the Canadian open courts. It states that other jurisdictions have hedged confidentiality with qualifications as it is an annoyance topic in international commercial arbitration. It relates that sealing orders will be granted by the Canadian open courts in certain circumstances to preserve confidentiality of materials gathered in preparing for an arbitration, although they have found no inherent right to confidentiality.

The article focuses on domestic arbitration in line with Canada's thrust toward alternative dispute resolution (ADR). An overview of the court's role is provided in the form of mandatory mediation or judicial dispute resolution. The features of the mediation rule are summarized in terms of the role of coordinators and the local mediation committees, the timing of mediation, and the options on the appointment of a mediator. The mediation process is discussed with emphasis on confidentiality.

The article presents a balanced assessment of evidence on first contract arbitration (FCA) from Canada and reviews different models of FCA that were adopted by different Canadian jurisdictions. It indicates arguments of union-affiliated advocacy organization America Rights at Work that employers undermine employee free choice by rejecting negotiations on initial collective agreement. It suggests that the proposed Employee Free Choice Act will introduce to the U.S. private sector a practice that was successful in Canada for the past three decades.

This article explores what it means to take women's agency seriously and to fulfill the potential of intersectional politics. If we accept the central tenets of intersectionality, that axes of oppression are simultaneous and interacting, then we must interrogate the framing of current debates over women's rights around the tension between gender and religious/cultural accommodation. It is argued that the unfulfilled potential of intersectional politics leads to the denial of intersectional voices. This potential can only be fulfilled by enabling participation that goes beyond responding to predetermined positions to permit the exercise of meaningful power in the construction of contexts. These claims are illustrated through analysis of the debate over so-called 'shari'a tribunals' in Canada. The debate is juxtaposed with the experiences of Somali refugee women who instead assert interacting and simultaneous challenges that combine the axes of religion, legal status, 'race', class and gender. [ABSTRACT FROM AUTHOR]

Canadian labor arbitrations resolving disputes over employer discipline for alleged coworker sexual harassment were analyzed in order to explore how well women's right to a harassment-free workplace was protected in the arbitral assessment of the mitigating factors argued during hearings to support the male harasser. An analysis of the awards revealed a significant difference between reasoning that applied traditional, conventional, arbitral principles and reasoning acknowledging that the nature of sexual harassment, its seriousness, and its impact on the complainants and their female coworkers merited a creative, more independent line of reasoning. Examining arbitrations using a feminist lens, one that emphasized gendered power relationships in the workplace, enabled new insights indicating the gendering of some traditional arbitral jurisprudence and principles and some possibilities for legal reform. [ABSTRACT FROM AUTHOR]

The article discusses the differences in the legal principles governing collective bargaining law in the U.S. and Canada. The major differences include the right to bargain collectively, union security, and unfair labour practices. It is noted that in both jurisdictions, judicial review is described by deference to the arbitral process. The author concludes that labour standards seem to be higher in Canada and collective bargaining is more progressive than in the U.S.

The article focuses on the ruling of the Alberta Court of Appeal in Yugraneft Corporation v Rexx Management Corporation in Canada. It mentions that the ruling, that a two-year limitation period applies to the recognition and enforcement of foreign awards, is predicted as a threat which can weaken the very existence of international commercial arbitration in Canada. It adds that concerned individuals rely to the Supreme Court of Canada to reverse the decision. Moreover, it explores the grounds for the Alberta's courts' finding wherein a two-year limitation period was applicable to the implementation of a foreign arbitral award, including their problematic finding that the "discoverability" period runs from the time that the award creditor identifies that the debtor resides in Alberta.

The article analyzes the North American Free Trade Agreement (NAFTA) arbitral award on Canadian Cattlemen based on principles of treaty interpretation. The award examines the principle of interpretation under the Vienna Convention on the Law of Treaties that is applicable to the case to clarify the notion of investment under the NAFTA. It mentions that in order to preserve the original agreement reached by states, the treaty interpretation methods should be used consistently and sequentially.

The article offers information on the enforcement of the New York Convention on the recognition and enforcement of foreign arbitral awards in Canada. It examines the interpretation by the Canadian courts on the Article V of the Convention, which concerns restrictive clauses contradicting to a similar law known as the Model Law. The courts have found several clauses in the Article V which are ground for refusing enforcement.

The article discusses the court case Lord Beaverbrook v. the Beaverbrook Art Gallery in which Honorable Peter Cory of Canada rendered an arbitration award on March 20, 2007. A factual background on Lord Beaverbrook as well as the paintings he acquired when the gallery opened in 1959 is presented. The art donor's intention of giving gifts in relation to the opening of the gallery was one of the issue determined by the arbitrator. Also discussed is the law of gifts under Canadian law.

The article focuses on the approaches adopted by the Canadian courts in several cases that reflect the novelty of treaty-based investor-state arbitration. It presents information on the concept of the North American Free Trade Agreement Chapter 11 award. It provides an overview of ways in which NAFTA states can consent in advance to compulsory investor-state arbitration. It highlights the role of courts in a typical international commercial arbitration.

Copyright of Canadian Bar Review is the property of Canadian Bar Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The meaning of academic freedom is, in part, socially constructed through arbitration. This article examines that process in the larger legal context and analyses the most relevant Canadian arbitrations of academic freedom. It examines what the social construction by arbitrators tells us about academic freedom and how the conceptual and structural conditions of arbitration affect its meaning. [ABSTRACT FROM AUTHOR]