Share on LinkedInShare on LinkedIn

ARTICLE · 27 JUNE 2023

Fresh Evidence Ruling Provides A Fresh Clarification On How A Court "decides The Matter"

In Russian Federation v. Luxtona Limited, 2023 ONCA 393, the Court of Appeal for Ontario addressed an application under Article 16(3) of the United Nations Commission on International...

CanadaLitigation, Mediation & Arbitration

In Russian Federation v. Luxtona Limited, 2023 ONCA 393, the Court of Appeal for Ontario addressed an application under Article 16(3) of the United Nations Commission on International Trade Law's (UNCITRAL) Model Law on International Commercial Arbitration (Model Law) in the context of examining whether to admit new or "fresh" evidence on appeals from jurisdiction decisions made in arbitration proceedings.

Article 16(3) of the Model Law, which is incorporated in Ontario under Schedule 2 of the International Commercial Arbitration Act, 2017, provides that "[i]f the arbitral tribunal rules as a preliminary question that it has jurisdiction [over a dispute], any party may request, within thirty days after having received notice of that ruling, the court specified in article 6 [the Ontario Superior Court of Justice] to decide the matter." The Court of Appeal clarified that when a court "decides the matter" of the tribunal's jurisdiction, it does not owe deference to

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

About Dentons

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.

See more popular content from