Canada: Dividing Disputes Between Arbitration And Court

In FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corporation (“FamilyMart”),1 the Judicial Committee of the United Kingdom’s Privy Council (“JCPC”) held that when a party to an arbitration agreement seeks a remedy that is only available in court, the arbitration agreement still applies to the extent that the matters in dispute are arbitrable. In short, a court may bifurcate the dispute, and order a stay of the court proceeding pending the outcome of […]

By | November 27th, 2023 ||

Uzbekistan: Paris Baby Arbitration Biberon

First, Bright J unequivocally held that Mr. Chechetkin qualified as a consumer under the CRA 2015 due to the fact that, at the date of submission of the application to open the account at Payward, Mr. Chechetkin was a lawyer and clearly stated that he had no relevant experience of cryptocurrency trading. As such, Bright J disregarded Payward’s argument whereby Mr. Chechetkin had conducted his trading activities in a knowledgeable, experienced and sophisticated manner, […]

By | November 25th, 2023 ||

Canada: British Columbia Court Of Appeal Rules That Arbitration Clauses In Standard Form Contracts Are Presumptively Enforceable In The Province

In Williams v. Amazon.com Inc. (Williams),1 the British Columbia Court of Appeal distinguished Uber Technologies Inc. v. Heller (Uber),2 confirming that in British Columbia, the courts will generally respect mandatory arbitration clauses, even within a contract of adhesion in the consumer context.
Background
The plaintiff, John Williams, was a customer of Amazon.ca (Amazon) who created an Amazon.ca account in 2015. In doing so, as later confirmed by the British Columbia Court of Appeal, he contractually agreed to Amazon’s Conditions of Use. […]

By | November 23rd, 2023 ||