Disqualification clause meaning

Aroma Franchise Company, Inc v Aroma Espresso Bar Canada Inc. 2024 ONCA 839 What are the practical implications of this case? The ruling confirms that, unless the parties stipulate otherwise in their arbitration clause, the Model Law’s objective yardstick governs both arbitrators’ disclosure duties and their potential disqualification in international arbitrations seated in Ontario. In the absence of express agreement to the contrary, that objective benchmark is the applicable test. As the Model Law is embedded in the international commercial arbitration statutes of every other Canadian province, and incorporated into the provisions of the Code of civil procedure of Québec, the judgment carries significance across Canada and will be relevant nationwide. The Court further determined that the application judge erred in relying on pre‑appointment communications between the parties to find a reasonable apprehension of bias, given those exchanges were never put before the arbitrator; it was inappropriate to draw such an inference from material unknown to the tribunal. Overall, the decision serves as a timely prompt to practitioners...

This glossary sets out numerous expressions regularly encountered in the restructuring & insolvency sphere. Words shown in bold within definitions are themselves explained in other entries in this glossary as well. A Article X The MLIJ contains a single provision named Article X, aimed at jurisdictions that have already implemented the MLCBI, like England, or are weighing its adoption. Article X states: ‘Not withstanding any prior interpretation to the contrary, the relief available under [insert a cross-reference to the legislation of this State enacting Article 21 of the UNCITRAL Model Law on Cross-Border Insolvency] includes recognition and enforcement of a judgment’ (see Practice Note: UNCITRAL model law on recognition and enforcement of insolvency-related judgments (MLIJ): Article X). Asset-backed security (ABS) A form of security anchored by asset pools, for example loans, leases, and credit card receivables. Assimilated law From 1 January 2024, ‘retained law’ has been retitled ‘assimilated law’. The body of domestic law originally arising from EU obligations, created by the European...

This Practice Note outlines the key aspects of the collaborative process, the factors to consider when assessing its suitability, the responsibilities of collaborative solicitors, and the steps to follow at each stage of the process. Features Within the collaborative framework, each party appoints a collaborative lawyer and enters into a collaborative participation agreement. There are no adversarial court proceedings. The parties also sign a disqualification clause confirming that, if agreement cannot be reached and proceedings are issued, they will cease to use their current lawyers and instruct new representatives. the collaborative agreement records a promise to negotiate in good faith, with openness and transparency matters are typically addressed in face-to-face “four-way” meetings attended by both parties and their solicitors correspondence is ordinarily kept to a minimum The collaborative process is a holistic approach in which the parties and their lawyers may involve other collaboratively trained professionals — for example, a financial neutral adviser — leading, where appropriate, to a five-way...