The hallmark of international commercial arbitration is the right of parties to select the law to govern their dispute. However, choice of law or party autonomy is subject to limits. Sometimes arbitrators are obliged to apply the mandatory law of a jurisdiction contrary to the will of one or more of the parties. The scope of these issues was discussed by Igor Ellyn in a presentation to the NY State Bar Association and Cornell University at the Bloomberg Center in New York in March 2008. These power point slides summarize the presentation.
Do you have questions in relation to Irish and European Union law and legal procedure relating to product liability? Do you want to keep updated on proposed developments in the law relating to class actions in Ireland? Matheson’s head of Commercial Litigation and Dispute Resolution Department Tom Hayes and partner Michael Byrne answer your questions in the 17th edition of The International Comparative Legal Guide to Product Liability 2019.
The International Comparative Legal Guide to Product Liability 2018Matheson Law Firm
Tom Hayes, Head of the Commercial Litigation and Dispute Resolution Department and Michael Byrne, Partner in the Commercial Litigation and Dispute Resolution Department co-author the Ireland chapter for The International Comparative Legal Guide to Product Liability 2018.
GLI - Global Legal Insights Ireland Bribery & Corruption 2017, 4th EditionMcCannFitzGerald
Megan Hooper, Heather Mahon and Imelda Higgins co-authored the Irish chapter of Global Legal Insights – Bribery & Corruption 2017; published by Global Legal Group Ltd, London.
The International Comparative Legal Guide: Private Client 2019Matheson Law Firm
Private Client partner, John Gill and Private Client senior associate, Lydia McCormack co-author the Ireland 2019 chapter of the International Comparative Legal Guide to Private Client.
Do you have questions in relation to Irish and European Union law and legal procedure relating to product liability? Do you want to keep updated on proposed developments in the law relating to class actions in Ireland? Matheson’s head of Commercial Litigation and Dispute Resolution Department Tom Hayes and partner Michael Byrne answer your questions in the 17th edition of The International Comparative Legal Guide to Product Liability 2019.
The International Comparative Legal Guide to Product Liability 2018Matheson Law Firm
Tom Hayes, Head of the Commercial Litigation and Dispute Resolution Department and Michael Byrne, Partner in the Commercial Litigation and Dispute Resolution Department co-author the Ireland chapter for The International Comparative Legal Guide to Product Liability 2018.
GLI - Global Legal Insights Ireland Bribery & Corruption 2017, 4th EditionMcCannFitzGerald
Megan Hooper, Heather Mahon and Imelda Higgins co-authored the Irish chapter of Global Legal Insights – Bribery & Corruption 2017; published by Global Legal Group Ltd, London.
The International Comparative Legal Guide: Private Client 2019Matheson Law Firm
Private Client partner, John Gill and Private Client senior associate, Lydia McCormack co-author the Ireland 2019 chapter of the International Comparative Legal Guide to Private Client.
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Customer support is very important to us. Please use our online chat system in case you have any questions. Also, you can email them to us at homeworkmye@gmail.com. We will do our best to answer you!
The International Comparative Legal Guide to Product Liability 2015Matheson Law Firm
Matheson partners, Tom Hayes and Michael Byrne, examine the area of product liability in Ireland in 2015. Topics such as liability systems, causation, defences and estoppel are discussed as well as an update on recent changes to product liability law in Ireland.
The International Comparative Legal Guide to: Construction and Engineering La...Matheson Law Firm
Matheson partners Rhona Henry and Nicola Dunleavy co-wrote the Ireland chapter for The International Comparative Legal Guide to: Construction and Engineering Law 2016, third edition.
PLSAs, SEPs and PAEs: The Antitrust/IP Acronyms You Should Know and UnderstandThis account is closed
In this presentation from June 2015, Davit Akman and a panel of other antitrust experts provide an overview of recent regulatory and jurisprudential developments in the U.S., Europe and Canada, and their impact on antitrust counselling and risk assessment.
Key topics discussed include:
• Patent litigation settlement agreements (PLSAs)
• Standard setting and conduct involving standard essential patents (SEPs)
• Conduct involving patent assertion entities (PAEs)
Getting The Deal Through: Anti-Corruption Regulation 2018Matheson Law Firm
Claire McLoughlin and Karen Reynolds, partners in the Commercial Litigation and Dispute Resolution Department and co-heads of the Regulatory and Investigations Group, and Declan Sheehan, associate in the Commercial Litigation and Dispute Resolution Department co-wrote the Ireland chapter for Getting The Deal Through: Anti-Corruption Regulation 2018.
Weather guard Tiling solutions (WTS) are involved in manufacturing, distributing and of Roof tiles. They also have to ensure smooth employee relations that are in accordance with the law. Nature of business of the company is to involve itself in a number of contractual agreements with employees, customers and logistic suppliers. The contracts are in the form of oral or written contracts. The company also should adhere to the proper duty of care and ensure there can be no claims of negligence (Beck, Demirgüç-Kunt, & Levine, 2003). Some cases are foreseeable events and some claims are not foreseeable they are many layers to make this determination according to contractual laws. Only certain aspects are considered to make a contractual law valid.
Private Client partner, John Gill and Private Client senior associate, Lydia McCormack co-author the Ireland chapter of International Comparative Legal Guides: Private Cient 2020..
This chapter was first published in the ICLG to:Private Client 2020.
Getting The Deal Through: Merger Control Market Intelligence 2016Matheson Law Firm
Helen Kelly, head of the EU, Competition and Regulatory Law Group, and Eoin Kealy, associate in the EU, Competition and Regulatory Law Group, co-wrote the Ireland chapter for Getting the Deal Through: Merger Control Market Intelligence 2016.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Market Intelligence (Volume 3, Issue 1).
Do you have questions in relation to the legal framework for regulating the behaviour of dominant firms in Ireland? To whom do the rules apply and what forms of conduct can be considered abusive? Matheson’s head of the EU, Competition and Regulatory Law Group, Helen Kelly, and senior associate, Liam Heylin, answer your questions in the Ireland chapter of the 15th edition of the Lexology Getting the Deal Through series on Dominance.
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When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the remedies permitted if disputes arise. In this paper, we highlight the range of remedies available in the common law jurisdictions of Canada to protect shareholders and others from abusive corporate action.
This is the fourth update revision of a paper which was first published on the internet in 2005. It has been widely read and has been well-received by clients and other lawyers. We believe that we have been repeatedly quoted by other lawyers. Our paper was used in global corporate law texts in Asia and was including in required reading for a business valuators program in Canada.
This paper begins by discussing the various sources of shareholder rights, including corporate statutes, articles of incorporation and by-laws, and shareholder agreements. Although securities laws will also be briefly mentioned, the securities regime is exceedingly complex and it is beyond the scope of this paper to address it in detail. We then discuss the remedies provided by corporate statute to shareholders who are aggrieved by the manner in which management conducts the business and affairs of the corporation, including voting, court-ordered meetings, derivative actions, the oppression remedy, investigations, appraisals and court-ordered winding-up on the “just and equitable principle”.
The oppression remedy, widely acknowledged to be the most powerful weapon in the shareholder's arsenal of remedies, focusses on two particular points: the broad definition of "complainant" under corporate statutes, and the manner in which the courts have defined the reasonable and legitimate expectations of shareholders and other "proper persons" under the oppression remedy.
The authors are members of ELLYN LAW LLP Canadian Business Litigation & Arbitration Lawyers, a Toronto law firm, specializing in dispute resolution for small and medium businesses and their shareholders. The firm is a member of the International Network of Boutique Law Firms (www.inblf.com), a prestige network of specialized law firms who have demonstrated pre-eminence their practice fields. Ellyn Law LLP is INBLF’s designated Toronto firm for shareholder disputes and arbitration. Igor Ellyn, QC is the Chair of INBLF's Business Litigation & Arbitration Practice Group.
In the seven years since this paper was first published, ELLYN LAW LLP has acted on dozens of complex shareholder disputes. Despite our long experience in this area, each case brings its shares of new twists and surprises. In each revision of this paper, we have added the benefits of our added experiences.
The authors explain how a Business Legal Checkup ("BLC") can be useful. BLC is a diagnostic tool small and medium size businesses can use to verify if legal aspects of their operation comply with law and to minimize risk, litigation and expense. When the BLC is completed, the business owner receives a lawyer’s report red-flagging matters which need correction, improvement or further legal advice. Contact the authors for more information.
Russell Kennedy Special Counsel, David Littlejohn, takes us through the development of Australian consumer legislation, including:
- Trade Practices Act 1974
- Competition and Consumer Act 2010
- Schedule 2: Australian Consumer Law
Conference "The Citizen in European Private Law: Norm-Setting, Enforcement and Choice", Maastricht University, Faculty of Law, 18 October 2013.
Presentation Veerle Van Den Eeckhout "Choice and regulatory competition - Rules on choice of law and forum"
click on the link, you will find what you were looking for:homeworkmye.com
Customer support is very important to us. Please use our online chat system in case you have any questions. Also, you can email them to us at homeworkmye@gmail.com. We will do our best to answer you!
The International Comparative Legal Guide to Product Liability 2015Matheson Law Firm
Matheson partners, Tom Hayes and Michael Byrne, examine the area of product liability in Ireland in 2015. Topics such as liability systems, causation, defences and estoppel are discussed as well as an update on recent changes to product liability law in Ireland.
The International Comparative Legal Guide to: Construction and Engineering La...Matheson Law Firm
Matheson partners Rhona Henry and Nicola Dunleavy co-wrote the Ireland chapter for The International Comparative Legal Guide to: Construction and Engineering Law 2016, third edition.
PLSAs, SEPs and PAEs: The Antitrust/IP Acronyms You Should Know and UnderstandThis account is closed
In this presentation from June 2015, Davit Akman and a panel of other antitrust experts provide an overview of recent regulatory and jurisprudential developments in the U.S., Europe and Canada, and their impact on antitrust counselling and risk assessment.
Key topics discussed include:
• Patent litigation settlement agreements (PLSAs)
• Standard setting and conduct involving standard essential patents (SEPs)
• Conduct involving patent assertion entities (PAEs)
Getting The Deal Through: Anti-Corruption Regulation 2018Matheson Law Firm
Claire McLoughlin and Karen Reynolds, partners in the Commercial Litigation and Dispute Resolution Department and co-heads of the Regulatory and Investigations Group, and Declan Sheehan, associate in the Commercial Litigation and Dispute Resolution Department co-wrote the Ireland chapter for Getting The Deal Through: Anti-Corruption Regulation 2018.
Weather guard Tiling solutions (WTS) are involved in manufacturing, distributing and of Roof tiles. They also have to ensure smooth employee relations that are in accordance with the law. Nature of business of the company is to involve itself in a number of contractual agreements with employees, customers and logistic suppliers. The contracts are in the form of oral or written contracts. The company also should adhere to the proper duty of care and ensure there can be no claims of negligence (Beck, Demirgüç-Kunt, & Levine, 2003). Some cases are foreseeable events and some claims are not foreseeable they are many layers to make this determination according to contractual laws. Only certain aspects are considered to make a contractual law valid.
Private Client partner, John Gill and Private Client senior associate, Lydia McCormack co-author the Ireland chapter of International Comparative Legal Guides: Private Cient 2020..
This chapter was first published in the ICLG to:Private Client 2020.
Getting The Deal Through: Merger Control Market Intelligence 2016Matheson Law Firm
Helen Kelly, head of the EU, Competition and Regulatory Law Group, and Eoin Kealy, associate in the EU, Competition and Regulatory Law Group, co-wrote the Ireland chapter for Getting the Deal Through: Merger Control Market Intelligence 2016.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Market Intelligence (Volume 3, Issue 1).
Do you have questions in relation to the legal framework for regulating the behaviour of dominant firms in Ireland? To whom do the rules apply and what forms of conduct can be considered abusive? Matheson’s head of the EU, Competition and Regulatory Law Group, Helen Kelly, and senior associate, Liam Heylin, answer your questions in the Ireland chapter of the 15th edition of the Lexology Getting the Deal Through series on Dominance.
law 531,uop law 531,law 531 entire course new,law 531 final exam guide new 2018,uop law 531 week 1,uop law 531 week 2,uop law 531 week 3,uop law 531 week 4,uop law 531 week 5,uop law 531 tutorials,uop law 531 assignments,law 531 help
When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the remedies permitted if disputes arise. In this paper, we highlight the range of remedies available in the common law jurisdictions of Canada to protect shareholders and others from abusive corporate action.
This is the fourth update revision of a paper which was first published on the internet in 2005. It has been widely read and has been well-received by clients and other lawyers. We believe that we have been repeatedly quoted by other lawyers. Our paper was used in global corporate law texts in Asia and was including in required reading for a business valuators program in Canada.
This paper begins by discussing the various sources of shareholder rights, including corporate statutes, articles of incorporation and by-laws, and shareholder agreements. Although securities laws will also be briefly mentioned, the securities regime is exceedingly complex and it is beyond the scope of this paper to address it in detail. We then discuss the remedies provided by corporate statute to shareholders who are aggrieved by the manner in which management conducts the business and affairs of the corporation, including voting, court-ordered meetings, derivative actions, the oppression remedy, investigations, appraisals and court-ordered winding-up on the “just and equitable principle”.
The oppression remedy, widely acknowledged to be the most powerful weapon in the shareholder's arsenal of remedies, focusses on two particular points: the broad definition of "complainant" under corporate statutes, and the manner in which the courts have defined the reasonable and legitimate expectations of shareholders and other "proper persons" under the oppression remedy.
The authors are members of ELLYN LAW LLP Canadian Business Litigation & Arbitration Lawyers, a Toronto law firm, specializing in dispute resolution for small and medium businesses and their shareholders. The firm is a member of the International Network of Boutique Law Firms (www.inblf.com), a prestige network of specialized law firms who have demonstrated pre-eminence their practice fields. Ellyn Law LLP is INBLF’s designated Toronto firm for shareholder disputes and arbitration. Igor Ellyn, QC is the Chair of INBLF's Business Litigation & Arbitration Practice Group.
In the seven years since this paper was first published, ELLYN LAW LLP has acted on dozens of complex shareholder disputes. Despite our long experience in this area, each case brings its shares of new twists and surprises. In each revision of this paper, we have added the benefits of our added experiences.
The authors explain how a Business Legal Checkup ("BLC") can be useful. BLC is a diagnostic tool small and medium size businesses can use to verify if legal aspects of their operation comply with law and to minimize risk, litigation and expense. When the BLC is completed, the business owner receives a lawyer’s report red-flagging matters which need correction, improvement or further legal advice. Contact the authors for more information.
Russell Kennedy Special Counsel, David Littlejohn, takes us through the development of Australian consumer legislation, including:
- Trade Practices Act 1974
- Competition and Consumer Act 2010
- Schedule 2: Australian Consumer Law
Conference "The Citizen in European Private Law: Norm-Setting, Enforcement and Choice", Maastricht University, Faculty of Law, 18 October 2013.
Presentation Veerle Van Den Eeckhout "Choice and regulatory competition - Rules on choice of law and forum"
Business litigation is usually about numbers. The damages, value, financial analysis and appraisal you need to prove your case will often require the opinion of an independent financial expert such as a business valuator, forensic accountant, economist, appraiser or any of a panoply of other financial experts.
The expert's evidence could make or break the case. So it's important to engage counsel who knows the rules and an expert whose opinion will be accepted by the court.
In this interesting presentation, Igor Ellyn, QC, CS, FCIArb, a senior business litigation and arbitration counsel in Toronto, Canada, discusses the law affecting the use of financial experts and best practices to make their evidence most effective. Mr. Ellyn was assisted by Evelyn Perez Youssoufian, also, a business litigation and arbitration lawyer. Both are members of Ellyn Law LLP.
The following topics are discussed:
- What an expert witness should accomplish
- Determining when to use a financial expert
- What kind of financial expert do you need?
- Types of financial expert witnesses
- Factors to consider when hiring the expert
- New developments in presentation of expert evidence
- Conflicts of interest and disclosure
- Litigation privilege relating to expert reports
- Best practices for qualifying a financial expert
- Limits of admissibility of expert evidence
- Preparing the financial expert to testify at the hearing
- Preparing for cross-examination of the opposing expert
- The Court’s power to appoint an expert
- Counsel’s role in the content of the expert’s report
This presentation was prepared for a legal conference which took place in Toronto on May 30, 2013. The contents are not legal advice. Please contact the author if you have any questions.
Analysis of legal principles to real estate contracts in Ontario, Canada, including specific performance, action for damages, certificates of pending litigation, cautions and related matters.
3 Things Every Sales Team Needs to Be Thinking About in 2017Drift
Thinking about your sales team's goals for 2017? Drift's VP of Sales shares 3 things you can do to improve conversion rates and drive more revenue.
Read the full story on the Drift blog here: http://blog.drift.com/sales-team-tips
How to Become a Thought Leader in Your NicheLeslie Samuel
Are bloggers thought leaders? Here are some tips on how you can become one. Provide great value, put awesome content out there on a regular basis, and help others.
Online and across borders: a net gain for technology companies?Gareth Dickson
A look at how recent judgments on jurisdiction might affect companies doing business online, together with some practical tips for how to make sure these rules do not catch you out
Gastón Mirkin, from Paolantonio & Legón Abogados, explains the differences between jurisdictions throughout Latin American countries and how software users, developers and localizers can protect themselves when working in the region.
Getting the Deal Through: Enforcement of Foreign Judgments 2019Matheson Law Firm
Partner Julie Murphy O'Connor and senior associate Gearóid Carey co-author the Ireland chapter for Getting the Deal Through: Enforcement of Foreign Judgments 2019.
Review of the latest cases regarding jurisdiction in online disputes and intermediary liability, given at the IBC International Copyright Conference on 10 December 2014
This is a copy of an article comparing EU and U.S. law on information sharing in the antitrust context. It was just published in the Spring 2010 ABA Newsletter of the Trade Association Committee, entitled Information Sharing.
Helen Kelly, Head of the EU, Competition and Regulatory Group and Liam Heylin, Associate Solicitor in the EU, Competition and Regulatory Group co-authored the Ireland chapter for Getting the Deal Through: Dominance 2018.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Dominance 2018 (Published: April 2018). For further information please visit www.gettingthedealthrough.com.
THE IMPORTANCE OF COMPLIANCE WITH INTERNATIONAL ANTI BRIBERY LAWS Eric Meijer
"The effects of the UK Bribery Act 2010 and other anti-bribery and corruption legislation are starting to make themselves felt. Purchasers of goods and services are imposing ever more stringent requirements on their suppliers. More and more often suppliers are required to have an Anti-Bribery Management System (“ABMS”) in place. Such a management system requires suppliers to train their personnel regarding bribery and corruption, to have proper procedures in place to prevent bribery and corruption, to undertake a due diligence of their business partners and to monitor and review the effectiveness of an ABMS on a regular basis. Some purchasers also require project specific ABMS’s to be in place to regulate the specific risks of the geographical region in which a project will be carried out. Suppliers that wish to comply with anti-bribery legislation should employ an anti-bribery officer. Unsurprisingly, demand from the market for anti-bribery compliance services is now rising fast”.
Taylor Wimpey PLC submitted a claim for £53 million in March 2009 arguing that UK VAT law (known as the ‘builder’s block’ was unlawful. The law prevents the recovery of input VAT on the purchase of certain goods when they are sold together with a new dwelling. The First-tier Tribunal dismissed Taylor Wimpey’s appeal. The Upper Tribunal has confirmed that UK law is not contrary to EU law and has found that the goods were incorporated in the dwellings if they were ‘fixtures’ or installed fittings. The Tribunal has adjourned the hearing to allow the parties to agree the extent of the claim that relates to goods that are not fixtures.
These tips, pointers and information are intended for persons who must attend for cross-examination or examination for discovery in a civil proceeding in Ontario. There are some procedural differences between cross-examination and discovery but generally, preparation for the examination is the same.
At the root of appeals from judgments in commercial cases is the burning question: Does the result make sense from a business perspective? or put in more legally-eloquent language: Does this result meet the test of commercial reasonableness? "Commercial Reasonabless" is a concept Canadian courts address frequently to determine if business conduct or a result makes sense.
This paper will show that in commercial appeals, the Court of Appeal generally operates on the principle of commercial reasonableness. If the relief sought is not commercially reasonable, then you are unlikely to achieve a successful result for your client. I hope to show that appellate courts in Ontario approach appeals involving commercial disputes by asking whether the trial judge’s decision was commercially reasonable. In short, The court will not adopt an interpretation that is clearly commercially absurd.
The author is a senior business litigation and arbitration lawyer in Toronto who has argued many business appeals in the Ontario Court of Appeal. He is also an experienced trial and arbitration counsel. Senior partner of Ellyn Law LLP Business Litigation & Arbitration Lawyers, Mr. Ellyn heads a team of competent litigation lawyer who are at the vanguard of developments of business litigation and arbitration in Ontario. Igor Ellyn is also the Chair of the Business Litigation & Arbitration Practice Group of INBLF.com, the International Network of Boutique Law Firms.
In this paper, Toronto lawyers Evelyn Perez Youssoufian and Orie Niedzviecki discuss the impact of an important case in the commercial arbitration and the supervision of arbitration by the Superior Court of Justice of Ontario.
The Ontario Superior Court decision of Farah v Sauvageau Holdings Inc., 2011 ONSC 1819, resolves many issues regarding orders and awards in arbitration proceedings. The application was brought because there were novel issues raised in its underlying arbitration. In his decision, Justice Paul Perell addresses several important issues, some brought up at the Superior Court for the first time, which should be taken into account by both arbitrators and arbitral counsel when conducting an arbitration.
This paper discusses the issues of orders and awards in an arbitration as raised by Farah v Sauvageau; including an arbitrator's jurisdiction to make orders affecting non-parties, Mareva injunctions, Anton Piller orders, Norwich orders, orders for interim preservation of property or orders for Certificate of Pending Litigation. It also discusses whether it is or when it may be appropriate for arbitral counsel to have ex parte communications with the arbitrator.
The also paper discusses whether an arbitral award can become an order of the court without resorting to the procedure in s. 50 of the Ontario Arbitration Act, 1991, in any circumstance (even an ex parte award).
The authors are members of ELLYN LAW LLP Business Litigation & Arbitration Lawyers, a Toronto law firm, specializing in dispute resolution for small and medium businesses and their shareholders. The firm is a member of the International Network of Boutique Law Firms (www.inblf.com), a prestige network of specialized law firms who have demonstrated pre-eminence their practice fields. Ellyn Law LLP is INBLF’s designated Toronto firm for shareholder disputes and arbitration. The authors were counsel on Farah v Sauvageau, and have been counsel on various international arbitrations.
This paper is for information only. It is not legal advice. It was presented at a legal seminar presented in Toronto on October 26, 2012.
This article is an excerpt of the Canada Chapter of International Liability of Corporate Directors, 2nd edition, published by Juris Publishing in February 2013. This excerpt excludes numerous aspects of the full chapter, particularly in reference to offering corporations, national corporate reporting, the supervisory role of the securities commissions, insider trading, prospectus violations, director loans and directors’ and officers’ liability insurance and indemnification of officers and directors. Further, some sections have been abridged. The full article should be consulted for the omitted aspects and for a more complete analysis of the applicable law. This article is not legal advice and is intended solely as information. Further information can be obtained from the authors.
In Canada, there is a large body of statutory and common law which provides guidance about the standards of conduct expected from directors and attaches personal liability for failing to meet those standards. Directors now owe expanded duties to shareholders, employees, creditors, and other stakeholders and are increasingly being held personally responsible for the corporation’s conduct. Liability attaches under the Canada Business Corporations Act (CBCA), and under provincial corporations acts, most of which are similar to the Ontario Business Corporations Act (OBCA). This article deals only with liabilities under business corporations.
Commercial Arbitration is a process which depends on the consent of the parties. Only parties to the arbitration agreement can be affected by the arbitrator's award. In this article, the authors review a recent judgment of the Ontario Superior Court of Justice which set aside an arbitrator's award which made orders against third parties.
The case concerned a business transaction for the sale of a collection agency. The sale closed but the purchaser, a corporation operated by a lawyer, thought it had been defrauded by the seller. The purchaser commenced a claim in court attempting to place a certificate of pending litigation on the seller's house but then decided that he wished to arbitrate the dispute under the arbitration clause in the sale agreement.
After the arbitrator was consensually selected, the purchaser made a motion to the arbitrator without notice to seek a Mareva Injunction. A Mareva injunction is an order which restrains the defendant from disposing of his assets until the lawsuit has been concluded. It is typically obtained where there is reason to fear that the defendant will remove his assets from the jurisdiction before the case is completed and thereby avoid enforcement of any judgment which may be obtained. Typically, the order is also directed at banks and others who have financial dealings with the defendant, in the hope that they will freeze the defendant's accounts.
In the case discussed in the article, the claimant sought a Mareva injunction from the arbitrator without notice to the defendant. The arbitrator granted the order including an order directing banks to freeze the defendant's accounts. The claimant then filed the arbitrator's order in the court office without following the proper procedure to turn it into a court order. On a motion to the Court, the judge, the Hon. Justice Paul Perell, discussed in detail the principles affecting arbitral awards made without notice and whether an arbitrator can make an order which affects parties who are not involved in the arbitration. After an exhaustive analysis which is explained in the article, the Court decided that the arbitral order had to be set aside. The judge also called the arbitral award filed in the court office "bogus" because the correct procedure had not been followed.
Orie Niedzviecki, a partner of Ellyn Law LLP Business Litigation and Arbitration Lawyers, Toronto, and Evelyn Perez Youssoufian, an associate of the firm, were counsel for the seller. Assisted by Igor Ellyn, QC, CS, FCIArb., Senior Partner of Ellyn Law LLP, they explain the issues and legal principles enunciated by Justice Perell in this article.
Enforcement of a U.S. or international judgment in Canada requires expert knowledge of Canadian law and procedure.
Courts in Ontario, Canada, which includes the Greater Toronto Area, are receptive to the enforcement of final and conclusive foreign money judgments is subject to certain statutory exceptions and procedural requirements. This article explains the law and procedure applicable in Canada, with emphasis on the Province of Ontario, where one-third of Canada's population resides.
The authors are business litigation and arbitration lawyers in Toronto, Canada. This article is an excerpt of a chapter of which they are authors which comprehensively deals with the law of enforcement of foreign money judgments in Canada.
Igor Ellyn, QC, CS is a leading Toronto litigation lawyer, chartered arbitrator and mediator, who specializes in shareholders disputes and arbitration. In this highly informative presentation, Mr. Ellyn discusses litigation and arbitration of shareholder oppression cases.
Small and medium sized businesses are the engines which drive the North American economy. Increasingly, people go in to their own business. Often spouses and other family members are in business together. Because of mutual trust and sharing which exists at the start of these arrangements, spouses tend not to make agrements about what will happen if the marriage breaks down.
When spouses who are in business together divorce, there are also consequences for the business. Who will keep the business? What will the spouses be able to work together? How much is the business worth? Who should buy the business? How will a buyout be funded? These questions are just the tip of the iceberg.
In this PowerPoint slide presentation, we provide useful information about the legal problems confronting separating or divorcing couples who are in business together. By reviewing these slides you will gain important insights about the issues lawyers have to deal with in these situations. What law applies? What other kinds of experts do you need? What legal advice will you need to find a workable resolution? What evidence will you need if the case has to go to trial? What procedure must be followed? If you are in business with your spouse or life partner, the information in these slides provides a few pointers about Ontario law even if the relationship is continuing. Sometimes, a unanimous shareholders’ agreement or some strategic advice can help avoid expensive litigation down the road.
These slides were part of a presentation at a lawyers conference conducted by Osgoode Professional Development in Toronto on March 27, 2012. They are intended as information only and not legal advice.
The authors are experienced litigation and arbitration lawyers in Toronto, Ontario, Canada, who act on complex shareholder disputes, typically involving closely-held corporations.
Corporate Law and Family Law at the Crossroads: Spouses as Shareholders in Canada 2012
Small and medium sized businesses are the engines which drive the North American economy. Increasingly, people go in to their own business. Often spouses and other family members are in business together. Because of mutual trust and sharing which exists at the start of these arrangements, spouses tend not to make agrements about what will happen if the marriage breaks down.
When spouses who are in business together divorce, there are also consequences for the business. Who will keep the business? What will the spouses be able to work together? How much is the business worth? Who should buy the business? How will a buyout be funded? These questions are just the tip of the iceberg.
In this PowerPoint slide presentation, we provide useful information about the legal problems confronting separating or divorcing couples who are in business together. By reviewing these slides you will gain important insights about the issues lawyers have to deal with in these situations. What law applies? What other kinds of experts do you need? What legal advice will you need to find a workable resolution? What evidence will you need if the case has to go to trial? What procedure must be followed? If you are in business with your spouse or life partner, the information in these slides provides a few pointers about Ontario law even if the relationship is continuing. Sometimes, a unanimous shareholders’ agreement or some strategic advice can help avoid expensive litigation down the road.
These slides were part of a presentation at a lawyers conference conducted by Osgoode Professional Development in Toronto on March 27, 2012. They are intended as information only and not legal advice.
The authors are experienced litigation and arbitration lawyers in Toronto, Ontario, Canada, who act on complex shareholder disputes, typically involving closely-held corporations.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
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A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Tension between choice of law and mandatory rules in agency and employment arbitration
1. 1
The Tension between Choice of Law
and Mandatory Rules in International
Employment and Agency Arbitration
Igor Ellyn, QC, CS
Legal Counsel, Chartered Arbitrator, Mediator
Certified Specialist in Civil Litigation
Ellyn Law LLP, Toronto, Ontario, Canada
www.ellynlaw.com
(c) Igor Ellyn,QC 2008 Ellyn Law LLP Toronto, Canada
www.ellynlaw.com
2
Party Autonomy in International Arbitration
Party Autonomy is a basic principle of
international arbitration
The right of the parties to select the
forum to decide their dispute
The right of parties to select the law to
govern the determination of the dispute
Are there limits to party autonomy?
That is the focus of this presentation.
These slides were part of a presentation by Igor Ellyn at a legal conference held in March 2008 at the
Bloomberg Center, New York City, sponsored by the NY State Bar and Cornell University ILR School,
Labor and Employment Law Program. These slides are information only and not legal advice. For legal
advice about commercial arbitration or employment law, please contact Igor Ellyn: iellyn@ellynlaw.com.
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Employment and Agency Law
In most jurisdictions, employees are entitled
statutory protection: termination rights, pay
in lieu of notice, severance, maternity rights,
hours of work, overtime, right to unionize.
Employees are deemed to be “weaker” and in
need of statutory protection against their
employers.
Minimum termination rights are mandatory –
a contract which provides inferior benefits is
typically not binding on the employee.
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European Agency Law #1
In the European Union, “commercial agents”
are deemed to be a group in need of
protection from their principals.
In 1986, EU passed the Commercial Agents
(Council Directive) Regulations.
These Regulations are now enacted into law
in all EU countries.
A commercial agent is an independent
operator who sells goods of a principal in EU.
Commercial agent can even be a corporation.
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EU Commercial Agents Regulation
In Germany and France, commercial agents have
traditionally received indemnity or compensation
upon termination of their agency
It was compensation for having developed and
expanded market for principal’s goods. Compensation
of two years’ commission was typical.
Commercial Agents Regulations protect right of
commercial agents to receive compensation on
termination of their agency – even a fixed term
agency contract.
Regulation is mandatory under Reg. 19.
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Examples to demonstrate the conflict:
What law applies?
Calif. principal hires an agent to sell its goods in UK.
Agency agreement provides for CA law. Agent is
terminated and sues in England for compensation.
NY perfume wholesaler hires commercial agent to sell
its goods in France and Israel. NY law applies to
contract. Business is sold. New owner dismisses
agent. Agent sues in France.
Belgian agent is fired by Italian mfg. Belgian law
applies. There is a mandatory arbitration clause.
US manufacturer hires Italian distributor to sell its
product in the EU. What happens when contract is
terminated? Is a distributor a commercial agent?
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Before giving the answers . . . A little law
In 2005, Supreme Court of Canada affirmed
that party autonomy is a key principle of
international arbitration. Courts defer to
parties’ choice of forum and implicitly, also
choice of law.
The only exception is overriding public policy.
Public policy means local mandatory law must
be applied.
Mandatory foreign law?. . .well, it depends.
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USSC: Judicial Deference to Choice of
Law is not a new concept
US Sup Ct in Bremen v. Zapata (1972) stated
“We cannot have trade and commerce in
world markets and international matters
exclusively on our terms, governed by our
own laws, and resolved in our own courts”.
The USSC upheld the parties’ choice of law
on the basis that international commerce
requires certainty as much as reasonably
possible.
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USSC: Judicial Deference to Choice of
Law is not a new concept #2
AT & T Technologies Inc v
Communications Workers of America,,
the USSC (1986): “[absent] an express
provision excluding a particular
grievance from arbitration, only the
most forceful evidence of a purpose to
exclude the claim from arbitration could
prevail.”
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UK HL: Strong recent language for
judicial deference to arbitration
In Fiona Trust and Holding Corp et al. v. Privalov
(2007), UK House of Lords: “ validity, existence or
effectiveness of the arbitration agreement is not
dependent upon effectiveness, existence or validity of
underlying substantive contract unless parties have
agreed to this.” Even where contract was procured
by bribery or fraud, arbitration clause still valid.
UKHL approved USSC in Prima Paint Corp v Flood &
Conklin Mfg (1967): Arbitration procedure, when
selected by parties, should be speedy and not subject
to delay and obstruction in the courts.”
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Deference to party autonomy in
employment law in Canada
In 2002 decision, Ross v. Christian & Timbers Inc.,
Ontario Superior Court stayed employee’s action for
wrongful dismissal pending completion of arbitration
in Ohio as called for by mandatory arbitration clause.
Employee worked in Toronto for Ohio executive
recruiter. Agreement called for arbitration in Ohio on
termination and for termination at will.
But Ontario law had to be applied in arbitration
because employee had worked in Ontario.
If arbitration failed to apply Ontario law, employee
may have additional redress in Ontario courts.
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But party autonomy has its limits
In Houston v. Exigen Canada Inc.,[2006] service
employee of New Brunswick Tel Co was terminated.
NBTel had sold part of business to Exigen of Calif.
Exigen hired all NBTel employees but had them sign
agreements requiring arbitration in Santa Clara, CA.
Exigen sought a stay of NB court action.
Judge found arbitration clause abusive of employee.
She would have to travel to CA to have her contract
interpreted under NB law, which Exigen admitted to
be applicable. Arbitration clause not applied.
We don’t know if the result will be enforceable in CA.
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In EU and UK Courts, a choice of law clause
does not override commercial agency law
Calif. principal hires an agent to sell its goods in UK.
Agency agreement provides for CA law. Agent is
terminated and sues in England for compensation.
This is the oft-cited case of Ingmar GB Ltd v. Eaton
Leonard Technologies Inc., decided by UKCA in 2001.
The UK CA applied advisory opinion of EU Court of
Justice that desirability of harmonizing mandatory EU
commercial agents’ termination rights meant that
agency rights cannot be overridden by choice of law.
The termination rights of the agent still applied but
many have criticized the reasoning.
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France is also in the EU ---
“Vive la difference” for party autonomy
NY perfume wholesaler hires commercial agent to sell
its goods in France and Israel. NY law applies to
contract. The business is sold. New owner dismisses
the agent. Agent sues in France.
Two weeks after Ingmar, the Cour de Cassation
heard the case of Allium Inc. v. Alfin Inc. The
French court came to the opposite conclusion.
French court held commercial agents’ termination
rights were only “ordre public interne” not “ordre
public international” . Certainty of international
commerce required agreements as to choice of law
freely entered into to be respected by the Court.
Neither Ingmar nor Allium cases refer to one another.
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Do judges and arbitrators differ in
applying foreign mandatory rules?
Belgian distributor is fired by Italian manufacturer.
Belgian law applies. There is a mandatory arbitration
clause. Seat of arbitration is Cologne, Germany.
ICC Case No. 6379, (1992): Mandatory Belgian law
provides termination compensation for distributors.
1980 Rome Convention Art. 7, which provides for
application of mandatory rules of the place with
which situation has a close connection, did not apply
as Italy was not a signatory yet.
Arbitrators did not apply Belgian law. Unlike courts,
arbitrators owe allegiance primarily to agreement of
parties to apply a particular governing law.
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Do judges and arbitrators differ in
applying foreign mandatory rules? #2
Ingmar and Case No. 6379 show difference in
approach between Court and arbitrator.
Courts consider internal or “essential” public
policy and comity between nations. Courts
have a “parens patriae” obligation to state.
Arbitrators are bound by arbitration
agreement, by the UNCITRAL Model Law and
Arbitration Rules to respect the choice of the
parties with very limited exceptions . . .
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What are the public policy exceptions?
An unenforceable award is an arbitrator’s nightmare.
Under 1958 NY Convention on Recognition and
Enforcement of Arbitral Awards, Court can refuse
enforcement if award contravenes public policy.
If mandatory law in place of enforcement is not
applied, it could be a breach of public policy.
If choice of law is made for fraudulent or nefarious
purposes, public policy is breached: e.g. where
parties choose law of a third country to avoid
application of penal, tax or commercial laws, such as
EU Competition law – See Marc Blessing’s article.
The question is: Is it international public policy?
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What are the public policy exceptions? #2
“Ordre Public” (Public Policy) is hard to pin down -
not easily defined
It could be “mandatory norms that comprise a state’s
most basic notions of morality and justice.”
An important factor is the connection with mandatory
law and the situation.
Some choice of law clauses exclude conflicts of law
rules – so connection may not always apply.
Does Rome Convention apply? US and Canada not in.
Arbitrators must be vigilant to avoid being drawn into
a scheme to avoid impact of mandatory foreign law.
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A few worthwhile points about the EU
Commercial Agents’ Regulations
Example: US manufacturer hires Italian distributor to
sell its product in EU. What happens when contract
is terminated?
1999 UK CA case of AMB Imballaggi Plastici v Pacflex
holds that Regulation does not apply to distributors,
where the distributor purchases goods with a right of
refund and has no authority to act for the seller.
Regulation applies only to goods not services.
Compensation has not been uniform across EU. UK
HL in Lonsdale v. Howard & Hallam (2007) provides a
“made in UK” way to calculate compensation.
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Bottom Line
Judges have a greater allegiance to national
public policy than arbitrators.
Arbitrators are required to respect party
autonomy unless there is a clear public policy
reason to apply the essential mandatory law
of a third country.
Arbitral awards which contravene public
policy of the enforcing state may not be
enforceable in that state.
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References
L. R. Fenelon, Foreign Mandatory Rules in
International Arbitration, (www.rcmck.com)
M. Blessing, Mandatory Rules of law and Party
Autonomy in International Arbitration,
(www.baerkarrer.ch/Publications)
H.L. Verhagen, Tension between Party Autonomy and
European Union Law: Some Observations on Ingmar
GB v. Eaton Leonard Technologies Inc., 51 Int’l and
Comp. L.Q. 1, (Jan. 2002)
J. Erauw, Observations about mandatory rules
imposed on transatlantic commercial relationships,
Houston Journal of International Law, Winter, 2004
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Another Important Public Policy. . .
When time is up, the speaker
must sit down.
Thank you for your attention.
If you have any questions
which cannot be answered
today, please call or email.
Igor Ellyn
iellyn@ellynlaw.com
416-365-3750