The Russian Federation v. Luxtona Limited,
| Jurisdiction | Ontario |
| Court | Superior Court of Justice of Ontario (Canada) |
| Judge | MacLeod R.S.J., D.L. Corbett and Kristjanson JJ. |
| Neutral Citation | 2021 ONSC 4604 |
| Citation | 2021 ONSC 4604 |
| Date | 30 June 2021 |
| Docket Number | 011/20 |
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5 practice notes
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International Arbitration 2022: Law & Practice
...(United Mexican States v Cargill, 2011 ONCA 622, leave ref'd [2012] SCCA No 528 (SCC), The Russian Federation v Luxtona Limited, 2021 ONSC 4604 (Div Ct)). In contrast, a reasonableness standard was applied in another line of cases (ACE Bermuda Insurance Ltd. v Allianz Insurance Company of C......
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Ong v Fedoruk,
...2013 ABQB 109. [27] Elsewhere, in The Russian Federation v. Luxtona Limited, 2021 ONSC 4604 (“Luxtona”), the Divisional Court of the Ontario Superior Court of Justice considered equivalent provisions of the Internatio......
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Ontario Decision Further Clarifies The Court's Role When Considering An Arbitral Panel's Ruling On Its Own Jurisdiction
...that it is to hear the issue de novo. The Court relied on the Divisional Court's decision in The Russian Federation v. Luxtona Limited, 2021 ONSC 4604 at para 22, The court is "to decide the matter". It is not "to review the tribunal's decision". "The matter" referenced in both art. 16(1) o......
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Ontario Decision Further Clarifies The Court's Role When Considering An Arbitral Panel's Ruling On Its Own Jurisdiction
...that it is to hear the issue de novo. The Court relied on the Divisional Court's decision in The Russian Federation v. Luxtona Limited, 2021 ONSC 4604 at para 22, The court is "to decide the matter". It is not "to review the tribunal's decision". "The matter" referenced in both art. 16(1) o......
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4 cases
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Electek Power Services Inc. v. Greenfield Energy Centre Limited Partnership,
...2, Sched. 5. [4] Hornepayne First Nation v Ontario First Nations (2008) Ltd., 2021 ONSC 5534; The Russian Federation v. Luxtona Limited, 2021 ONSC 4604; Lululemon Athletica Canada Inc. v. Industrial Colour Productions Inc, 2021 BCCA 428 [5] 2021 ONSC 4604 (Div. Ct.). [6] See sections: 7(2),......
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Ong v Fedoruk,
...2013 ABQB 109. [27] Elsewhere, in The Russian Federation v. Luxtona Limited, 2021 ONSC 4604 (“Luxtona”), the Divisional Court of the Ontario Superior Court of Justice considered equivalent provisions of the Internatio......
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Vento Motorcycles, Inc. v. United Mexican States,
...34 of the Model Law. [32] Justice Penny’s decision was reversed by the Divisional Court: 2021 ONSC 4604. The Divisional Court held that the Model Law prescribes a de novo hearing with respect to jurisdictional issues and that, as a resu......
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Wittman v. Blackbaud, Inc.,
...not make international decisions binding, but makes them “strongly persuasive”: Russian Federation v. Luxtona Ltd., 2021 ONSC 4604. [30] As has been the case domestically, foreign courts have also enforced arbitration agreements ......
4 firm's commentaries
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International Arbitration 2022: Law & Practice
...(United Mexican States v Cargill, 2011 ONCA 622, leave ref'd [2012] SCCA No 528 (SCC), The Russian Federation v Luxtona Limited, 2021 ONSC 4604 (Div Ct)). In contrast, a reasonableness standard was applied in another line of cases (ACE Bermuda Insurance Ltd. v Allianz Insurance Company of C......
-
Ontario Decision Further Clarifies The Court's Role When Considering An Arbitral Panel's Ruling On Its Own Jurisdiction
...that it is to hear the issue de novo. The Court relied on the Divisional Court's decision in The Russian Federation v. Luxtona Limited, 2021 ONSC 4604 at para 22, The court is "to decide the matter". It is not "to review the tribunal's decision". "The matter" referenced in both art. 16(1) o......
-
Ontario Decision Further Clarifies The Court's Role When Considering An Arbitral Panel's Ruling On Its Own Jurisdiction
...that it is to hear the issue de novo. The Court relied on the Divisional Court's decision in The Russian Federation v. Luxtona Limited, 2021 ONSC 4604 at para 22, The court is "to decide the matter". It is not "to review the tribunal's decision". "The matter" referenced in both art. 16(1) o......
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The Pendulum Swings: Parties To UNCITRAL Arbitrations Can Tender New Evidence As Of Right On Jurisdictional Challenges
...Federation v Luxtona Limited, 2021 ONSC 4604 ("Luxtona 2021") is the latest installment in a series of decisions addressing the admissibility of new or "fresh" evidence on appeals from an arbitral tribunal's jurisdiction decision arising in the context of the UNCITRAL Model Law on Internati......