The Russian Federation v. Luxtona Limited,
| Jurisdiction | Ontario |
| Judge | MacLeod R.S.J., D.L. Corbett and Kristjanson JJ. |
| Neutral Citation | 2021 ONSC 4604 |
| Docket Number | 011/20 |
| Citation | 2021 ONSC 4604 |
| Date | 30 June 2021 |
| Court | Superior Court of Justice of Ontario (Canada) |
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8 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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International Arbitration 2023
...(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), aff'd 2023 ONCA 393). In contrast, a reasonableness standard was applied in another line of cases (ACE Bermuda Insurance Ltd. v Allianz I......
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Russian Federation v Luxtona Ltd,
...Court (Justices Calum U.C. MacLeod R.S.J., David L. Corbett and Freya Kristjanson), dated June 30, 2021, with reasons reported at 2021 ONSC 4604, setting aside the order of Justice Michael A. Penny dated December 13, MacPherson J.A. A. INTRODUCTION 1 This appeal is grounded in a contractual......
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2023 ONCA 393,
...Court (Justices Calum U.C. MacLeod R.S.J., David L. Corbett and Freya Kristjanson), dated June 30, 2021, with reasons reported at 2021 ONSC 4604, setting aside the order of Justice Michael A. Penny dated December 13, MacPherson J.A. A. INTRODUCTION 1 This appeal is grounded in a contractual......
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3 cases
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Russian Federation v Luxtona Ltd,
...Court (Justices Calum U.C. MacLeod R.S.J., David L. Corbett and Freya Kristjanson), dated June 30, 2021, with reasons reported at 2021 ONSC 4604, setting aside the order of Justice Michael A. Penny dated December 13, MacPherson J.A. A. INTRODUCTION 1 This appeal is grounded in a contractual......
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2023 ONCA 393,
...Court (Justices Calum U.C. MacLeod R.S.J., David L. Corbett and Freya Kristjanson), dated June 30, 2021, with reasons reported at 2021 ONSC 4604, setting aside the order of Justice Michael A. Penny dated December 13, MacPherson J.A. A. INTRODUCTION 1 This appeal is grounded in a contractual......
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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......
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......
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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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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......