Ontario Court of Appeal Decides an Application Court must De Novo Determine the Validity of Arbitration Agreement in International Commercial Arbitration
June 5, 2023
The decision of the Court of Appeal in Russian Federation v. Luxtona Limited, 2023 ONCA 393 clarifies an important issue on court proceedings pursuant to sections 16(3), 34(2)(a)(i) and 34(2)(a)(iii) of the UNCITRAL Model Law on International Commercial Arbitration, which is enacted in all Canadian provinces and territories. Even though Canada was an early adopter of the UNCITRAL Model Law, there was a lack of clarity on the nature of the court proceedings where a