Canada: BCCA Grants Partial Stay Of Class Proceeding In Favour Of Arbitration

The British Columbia Court of Appeal’s decision in Petty v. Niantic Inc.1 demonstrates how a tailored arbitration agreement in a standard form contract can operate to stay a class proceeding in the context of a consumer relationship. The Court of Appeal upheld the application judge’s contextual analysis, which found that an arbitration agreement in a standard form contract was neither unconscionable nor contrary to public policy.

You can also read our blog post on the companion case, Williams v. […]

By | November 15th, 2023 ||

Oman: International Arbitration Comparative Guide

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1 Legal framework
1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?
The relevant legislation on arbitration in Oman is the Arbitration Law, issued by Royal Decree 47/1997 and amended by Royal Decree 3/2007. There are no significant limitations to the scope of the statutory regime. […]

By | November 15th, 2023 ||

Malaysia: Amicable Settlement Process – A Condition Precedent To Arbitration?

In a multi-tiered dispute resolution clause, there are typically certain procedural steps, such as mediation or negotiation, that parties must fulfill before a dispute can be referred to arbitration. However, what happens if a party commences an arbitration without complying with the pre-arbitration procedures stipulated in a contract?

In CZQ and another v CZS [2023] SGHC(I) 16 (“CZQ v CZS”), the Singapore International Commercial Court (“SICC”) recently ruled that the amicable settlement process stated in a contract […]

By | November 13th, 2023 ||