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Canada: Federal Court Of Appeal Confirms Availability Of Contractual Waiver Of Class Actions In Favour Of Arbitration Absent Contrary Statutory Language - Stikeman Elliott LLP

On February 14, 2013, the Federal Court of Appeal in Murphy v. Amway Canada Corp. affirmed the decision of the court below, staying a proposed class proceeding in light of a contractual arbitration clause and class action waiver.        

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United States: Supreme Court To Address Class Arbitration Again In Oxford Health Plans - Jones Day

Three years ago, in the first of a series of decisions addressing class arbitration, the United States Supreme Court held in Stolt-Nielsen, S.A. v. AnimalFeeds International Corp. that "a party may not be compelled under the Federal Arbitration Act to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so." 130 S. Ct. 1758, 1775.        

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Canada: Ontario Court Of Appeal Upholds Tim Horton’s Summary Judgment Decision - Cassels Brock

Our group recently wrote about the Ontario Court of Appeal decision upholding an important summary judgment win for franchisor Tim Horton’s in Fairview Donut Inc. v. The TDL Group Corp.        

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United States: Supreme Court To Address Class Arbitration Again In - Jones Day

Three years ago, in the first of a series of decisions addressing class arbitration, the United States Supreme Court held in Stolt-Nielsen, S.A. v. AnimalFeeds International Corp.

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Canada: Private Arbitration Clauses, Class Action Waivers And Canada’s Competition Act - Norton Rose Canada LLP

The Federal Court of Appeal’s recent decision in Murphy v Amway Canada Corp. has clarified the findings in Seidel v TELUS Communications confirming that in the absence of express statutory language overriding mandatory arbitration agreements and class action waivers, courts will continue to give effect to the parties’ agreements to arbitrate individually and not by class action.

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