Latest Issue: Volume 4, Issue 2: December 2024
FRONT COVER AND TABLE OF CONTENTS
Pages: i - x
EDITORS' NOTE
Pages: x-xii
REMEMBRANCES
Authors: Paul Lalonde, Jonathan Brosseau, Barry Appleton, Louise Barrington, Yves Fortier, Fabien Gélinas, David R. Haigh, Hon. Barry Leon, Janet Walker, Mariel Dimsey, Zachary Douglas, Gabrielle Kaufmann-Kohler, Barton Legum, Jan Paulsson, Stephen Schewebel, Brigitte Stern, Pierre Tercier
Pages: 1-47
This collection of remembrances celebrates the life and legacy of Marc Lalonde, offering reflections from leading figures in the international arbitration community, as well as those who had the privilege of working alongside him. These tributes serve as a testament to his profound influence on the profession and the many colleagues, mentees, and friends whose lives he touched. Each contribution highlights the enduring impact of his wisdom, generosity, and unparalleled expertise, honoring both his professional achievements and the lasting personal connections he forged throughout his career.
MO APPOINTMENTS MO PROBLEMS? AROMA FRANCHISE v AROMA CANADA
Author: Joshua Karton
Pages: 48-59
Introduction: The decision of the Court of Appeal for Ontario in Aroma Franchise Company Inc. et al. v Aroma Espresso Bar Canada Inc. et al. had been hotly anticipated by arbitration lawyers across Canada.1 The decision of the application judge in Ontario Superior Court 2 had caused something of a sensation, setting aside two international awards based on a finding of reasonable apprehension of bias on the part of a well-known Toronto arbitrator, after the arbitrator failed to disclose a second appointment by the same law firm during an ongoing arbitration. The decision raised concern for arbitrators in Canada and other Model Law jurisdictions who accept multiple appointments from the same law firm, especially in niche fields of practice or smaller communities where the number of qualified arbitrators may be small. While the outcome represents something of a return to normalcy after a surprising trial court decision, Aroma not only clarifies some key legal issues relating to arbitrator bias, both within Canada and for other Model Law jurisdictions, it also has great relevance for cases involving multiple appointments of an arbitrator by the same party or counsel.
COMMERCIAL ARBITRATION IN AUSTRALIA UNDER THE MODEL LAW, 3rd EDITION
Author: Anthony Daimsis
Pages: 60-66
Introduction: The UNCITRAL Model Law now holds sway across more than 100 jurisdictions worldwide. While compilations of judicial and arbitration rulings that invoke the Model Law are readily available, it’s rare to find a resource that delves as deeply and thoughtfully into these cases as Commercial Arbitration in Australia Under the Model Law does. At first blush, one might be forgiven to believe that this book is inward-looking, that is, of interest only within Australia. However, this would be a mistake. Although the book focuses on Australia's Commercial Arbitration Acts (CAAs), what is soon revealed is that Australia has a somewhat unique approach to domestic and international arbitration. It has taken the Model Law at its word and transformed its domestic (commercial acts) and international acts to reflect a global understanding of commercial arbitration and apply it throughout Australia. Hence, the book, which discusses both commercial arbitration cases in Australia and cases outside of Australia that have interpreted the Model Law, is a treasure trove of insight and analysis for lawyers, arbitrators, judges, teachers, and all students of international commercial arbitration. As Canada is a Model Law jurisdiction and all its provinces have Model Law legislation, this work is of direct relevance to Canadian lawyers. Now, in its third edition, this work stands out for providing readers with profound insights and analyses of commercial arbitration in action in Australia, thereby continuing to set the standard for commentary in the field.