BizTech v Accreditation Canada: Arbitration Versus Judicial Review

In BizTech v Accreditation Canada, 2025 ONSC 2689 (“BizTech”), the Ontario Divisional Court has offered rare guidance on the relationship between judicial review and arbitration, including when the latter is appropriate in circumstances where the former may be engaged. Below, we review this case.
Background
BizTech Institute Inc (“BII”), the applicant, was a private, for-profit career college that offered a Diagnostic Medical Sonography Program (the “DMS Program”) to the public.

The College of Medical Radiation and Imaging Technologists of Ontario […]

By | June 9th, 2025 ||

UK: 10 Compelling Reasons For Employment Arbitration: Part 1

There may be no single, more efficient step an employer can take to manage litigation risk from its workforce than a properly administered mandatory employee arbitration program. An employee arbitration program is a powerful tool for employers to avoid risk, control costs, and achieve effective dispute resolution. Although there are some tradeoffs, the benefits of an arbitration program for employers are numerous and significant.

Fundamentally, arbitration is “court by contract.” The parties, in this case, […]

By | June 7th, 2025 ||

Fifth Circuit Affirms Party’s Strategic Maneuver To Compel Arbitration From Federal Court Even When Forum Clause Required Remand

In a notable clarification of removal and arbitration procedure, the Fifth Circuit in Odom Industries, Inc. v. Sipcam Agro Solutions, LLC, No. 24-60410 (5th Cir. June 4, 2025), held that a defendant may remove a case to federal court to compel arbitration—even when a contractual forum-selection clause requires remand—as long as federal jurisdiction exists.

Ordinarily, motions to remand are evaluated on jurisdictional grounds. If a federal court lacks subject-matter jurisdiction (typically due to lack of diversity […]

By | June 4th, 2025 ||