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ArbitraLex cover for the Canadian arbitration case law monthly review, August 2026, showing bound case files on a shelf

Canadian arbitration case law: four decisions from August 2026

Four Canadian courts released arbitration decisions in August 2026. The BC Court of Appeal vacated a costs finding made without allowing the parties to make submissions and sent the issue back to the arbitrator. The BC Supreme Court stayed an entire court action in favour of arbitration, including claims against a company that had never signed the arbitration agreement. The Alberta Court of King’s Bench dismissed an appeal challenging an arbitrator’s interpretation of a supply contract on all four grounds. The Ontario Superior Court also paused an arbitration while a bias challenge is before the court, setting the standard for when such a stay may be ordered.

Two business partners seated across a long conference table in a Toronto office, the CN Tower visible through the window

What Happens When a Business Partner Wants to Leave?

When a business partner wants to leave, the shareholders’ or partnership agreement usually settles the price of the share and who can buy it. It rarely settles the rest of the exit: notice, client communication, and what the departing partner may do afterwards. Exits that go wrong rarely go wrong over price. They go wrong over the conversation nobody structured. Negotiation and settlement counsel exists to manage that part.

Five bound case files on a Toronto boardroom table, representing five Canadian court decisions on setting aside an arbitral award

When will a Canadian court set aside or refuse to enforce an arbitral award?

Rarely, and only on narrow grounds. Five decisions from Ontario and British Columbia in July 2026 show a consistently high threshold for judicial intervention in arbitral proceedings and awards. In Mandani v. Arasi, however, the award was set aside because the arbitrator had failed to disclose an ongoing professional relationship with a party.

Legal desk with open commercial agreement showing an arbitration clause, books on governing law and law of the seat, and a city skyline in the background

How to Draft an International Arbitration Clause

The arbitration clause is usually the last thing negotiated and the first thing that matters when a dispute arises. In international commercial contracts, a well-drafted arbitration clause is the foundation of effective dispute resolution: it determines where disputes will be heard, under what rules, by whom, and how the party can ultimately enforce the arbitral award. A poorly drafted clause does not just create procedural inconvenience. It can render the entire dispute resolution mechanism unworkable.

Female legal counsel working at a desk in a professional law office setting

Why Would You Choose a Private Arbitration Practice for Your International Arbitration?

As general counsel managing complex international disputes, you have multiple options for legal representation: large law firms, boutique practices, or private arbitration specialists. Each model serves different needs, and understanding what a private practice offers can help you make the right choice for your specific matter.