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.
action
amway
appeal
arbitration
availability
canada
corp
court
decision
elliott llp
federal
murphy
stikeman
waiver
Found more than 1 month ago on channel
Mondaq
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.
act
animalfeeds
arbitration
corp
court
decision
federal
international
jones
oxford
states supreme
stolt-nielsen
united
Found more than 1 month ago on channel
Mondaq
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.
appeal
brock
canada
cassels
corp
court
decision
donut
fairview
group
horton
judgment
ontario
tdl
tim
upholds
Found more than 1 month ago on channel
Mondaq
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.
animalfeeds
arbitration
corp
court
decision
international
jones
states supreme
stolt-nielsen
united
Found more than 1 month ago on channel
Mondaq
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.
absence
act
action
agreement
amway
appeal
arbitration
canada
communications
competition
corp
court
decision
federal
llp
murphy
norton
seidel
telus
Found more than 1 month ago on channel
Mondaq