James Plotkin
Canada
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Articles by James Plotkin
The "Man In The Arena" Is Not Supposed To Be The Arbitrator: Ontario Superior Court Removes Arbitrator Whose Cross-examination Of Witnesses Gave Rise To A Reasonable Apprehension Of Bias
Commercial arbitration offers many advantages. One of them is the parties’ ability to choose their own process and decision-maker. While arbitrators are deservedly given a wide berth in how they conduct hearings, there are limits to what the law will allow. In Atkinsréalis Construction (Pacific) Inc. v.
Recognizing excellence in advocacy: James Plotkin honoured by County of Carleton Law Association
Gowling WLG is pleased to congratulate Ottawa partner James Plotkin on receiving the County of Carleton Law Association's Regional Senior Justice Award, which recognizes lawyers in practice for 10 years or less who have demonstrated outstanding professional achievement and meaningful contributions to their communities.
Autechre Re-Imagined For Six Strings
Shane Parish Creates A Stunning Acoustic Guitar Recording Of English Electronic Experimentalists For any readers who are pressed for time - buy this record. The only category of readers who should think twice are ‘people who do not like Autechre’, and the parallel category of ‘people who do not like acoustic guitar music’, because Autechre Guitar is precisely that, nothing more, nothing less. If you have no money right now, begin saving, otherwise, buy this now.
Vento Motorcycles, Inc. v. United Mexican States
Gowling WLG are most popular: within Compliance and Tax topic(s) with Senior Company Executives, HR and Inhouse Counsel in Canada with readers working within the Healthcare industries Court of Appeal for Ontario sets aside award upon finding justifiable doubts as to impartiality of one member of a three-member tribunal. The dispute arose out of an investor-state arbitration between Vento Motorcycles, Inc. ("Vento"), an American company, and Mexico.
Spinney v. Fowlie
Gowling WLG are most popular: within Compliance and Tax topic(s) with Senior Company Executives, HR and Inhouse Counsel in Canada with readers working within the Healthcare industries Ontario Court sets aside award for want of procedural fairness after arbitrator switches hearing format mid-arbitration and refuses to consider written closing submissions. The underlying dispute involved a harassment complaint by a Wrestling Canada Lutte (WCL) complaints and appeal officer, Dr. Frank Fowlie.
Gowling WLG secures insurance contract interpretation win at Supreme Court of Canada for Trillium Mutual Insurance
On January 30, 2026, the Supreme Court of Canada released its decision in Emond v. Trillium Mutual Insurance Co., 2026 SCC 3, which concerned a dispute over a guaranteed replacement cost endorsement to a home property insurance policy.
Vento Motorcycles, Inc. v. United Mexican States
Court of Appeal for Ontario sets aside award upon finding justifiable doubts as to impartiality of one member of a three-member tribunal. The dispute arose out of an investor-state arbitration between Vento Motorcycles, Inc. (“Vento”), an American company, and Mexico. Vento entered into a joint venture agreement with a Mexican company to assemble motorcycles in the United States and export them to Mexico for sale. Mexico refused to apply preferential ad valorem import tariffs to the motorcycles.
Spinney v. Fowlie
Ontario Court sets aside award for want of procedural fairness after arbitrator switches hearing format mid-arbitration and refuses to consider written closing submissions. Background The underlying dispute involved a harassment complaint by a Wrestling Canada Lutte (WCL) complaints and appeal officer, Dr. Frank Fowlie. WCL tasked Dr. Fowlie with investigating a code of conduct complaint involving a wrestling coach, Mr. Spinney.
Top 10 Canadian Arbitration Cases Of 2024: Key Lessons For In-house Counsel
GW Gowling WLG More Gowling WLG is an international law firm built on the belief that the best way to serve clients is to be in tune with their world, aligned with their opportunity and ambitious for their success. Our 1,400+ legal professionals and support teams apply in-depth sector expertise to understand and support our clients’ businesses.
Lochan v. Binance Holdings Limited
The Court of Appeal upheld dismissal of stay in favour of arbitration based on unconscionability and public policy. The Appellant Binance Holdings Limited ("Binance") operated the world's largest cryptocurrency trading platform. Between 2019 and early 2022, it sold cryptocurrency derivatives to Canadians through its website. That website boasted that users could create an account in "under 30 seconds".
2024 Update To The International Bar Association Guidelines On Conflicts Of Interest - What Are The Key Changes?
GW Gowling WLG More Gowling WLG is an international law firm built on the belief that the best way to serve clients is to be in tune with their world, aligned with their opportunity and ambitious for their success. Our 1,400+ legal professionals and support teams apply in-depth sector expertise to understand and support our clients’ businesses.
2024 Update to the International Bar Association Guidelines on Conflicts of Interest - what are the key changes?
In February 2024, the International Bar Association ("IBA") published an updated version of its Guidelines on Conflicts of Interest in International Arbitration (the "IBA Guidelines"). The IBA Council is expected to have ruled on the adoption of the 2024 IBA Guidelines at its meetings in late May 2024. In this article we summarise: what the IBA Guidelines are and when they are used; how the IBA Guidelines are structured; and some of the key changes in the 2024 update.
Video Premiere: Benjamin Finger’s ‘Closer’
This Friday, Norwegian experimental artist, Benjamin Finger, will release his latest album, Beyond, via Roman Numeral Records. Beyond follows Finger’s 2023 October release, blue forty-eight (Blue Tapes / X Ray Records), and exclusive to Sun 13, be the first to watch the video which contains the excerpt to lead track, Closer. Benjamin Finger was educated at Oslo Photo Art School and UIB before he started to study film to become a director.
Top Arbitration Cases Of 2023: Key Lessons For Canadian In-House Counsel - Trials & Appeals & Compensation - Canada
Arbitration continues to prove a popular form of dispute resolution across Canada for a variety of disputes. While arbitration has numerous benefits compared to court litigation, a key advantage, especially in Canada, continues to be the relative speed and efficiency of the process compared to litigation. The Advocates' Society has highlighted "the endemic delays plaguing the delivery of civil and family justice across Canada" in the court system.
Mattamy (Downsview) Limited v KSV Restructuring Inc (Urbancorp)
Ontario Court sets aside arbitral award, finding procedural fairness violation where arbitrator refused to admit evidence filed with consent. Facts The Applicant, Mattamy, held a 49 per cent stake in the landholding company that owned the Downsview Project lands in Toronto. In the context of proceedings under the Companies' Creditors Arrangement Act, Mattamy acquired Urbancorp's majority 51 per cent share in that landholding company. The transaction gave rise to several disputes.
Singapore International Commercial Court upholds deliberative secrecy in international arbitration
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In CZT v. CZU, [2023] SGHC(I) 11, the Singapore International Commercial Court (High Court) issued an important decision dealing with deliberative secrecy in international arbitration. The decision considered and clarified when an arbitral tribunal's notes and deliberation records are producible on a challenge to an award. The plaintiff and defendant concluded a contract for the purchase and sale of certain material, machinery and components (the "Goods").
The "rarest of cases": Singapore Court strengthens deliberative secrecy rule in international arbitration
In CZT v. CZU, [2023] SGHC(I) 11, the Singapore International Commercial Court (High Court) issued an important decision dealing with deliberative secrecy in international arbitration. The decision considered and clarified when an arbitral tribunal's notes and deliberation records are producible on a challenge to an award. Background The plaintiff and defendant concluded a contract for the purchase and sale of certain material, machinery and components (the "Goods").
Ontario Court of Appeal confirms threshold for obtaining a stay in favour of arbitration: Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023
English In Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023 ONCA 260, the Ontario Court of Appeal clarified the threshold to obtain a stay of court proceedings in favour of arbitration where there is a disagreement as to whether there is a valid arbitration agreement that encompasses the dispute in question.
Ontario Court of Appeal confirms threshold for obtaining a stay in favour of arbitration
Summary In Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023 ONCA 260, the Ontario Court of Appeal clarified the threshold to obtain a stay of court proceedings in favour of arbitration where there is a disagreement as to whether there is a valid arbitration agreement that encompasses the dispute in question.
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