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Kenneth Glasner
Kenneth Glasner2022-11-22 17:58:342022-11-22 17:58:3423. Tendering Evidence in Construction Cases: By Affidavit or Viva Voce (Oral) Testimony? By Harvey J. Kirsh
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Kenneth Glasner
Kenneth Glasner2022-04-20 15:39:382022-04-20 15:39:3822. The Prayer of the Arbitrator, by Ugo Draetta, “Monads or Triads”, pages 129 -130; JurisNet 2016, Huntington, New York.
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Kenneth Glasner
Kenneth Glasner2021-06-01 12:04:292021-06-01 12:05:4121. Penny-wise, Pound-foolishness in Arbitration, by the Honourable Barry Leon
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Kenneth Glasner
Kenneth Glasner2021-02-05 21:11:122021-02-06 11:48:4620. Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7. The duty to exercise contractual discretion in good faith does not extend in Wastech. “The measure of fairness is what is reasonable according to the parties’ own bargain.”
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Kenneth Glasner
Kenneth Glasner2021-01-22 12:37:432021-01-22 14:03:4919. Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb, [2020] UKSC 38. The Supreme Court grappled with the principle for determining the governing law of an arbitration agreement in the absence of an express choice of law. A seminal case.
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Kenneth Glasner
Kenneth Glasner2020-12-29 10:33:152020-12-29 10:33:1518. North Pacific Properties Ltd. v. Bethel United Church of Jesus Christ Apostolic of Edmonton. 2020 ABQB 791. “In the end, this is an unfortunate tale of two well-meaning parties who had no means of resolving their disputes prior to Closing; the result was protracted and costly litigation. It highlights the perils of not having a dispute resolution mechanism built into a contract.” Reasons and decision rendered December 17, 2020.
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Kenneth Glasner
Kenneth Glasner2020-12-29 10:32:012020-12-29 10:32:2417. ANC Timber Ltd. v. Alberta Minister of Agriculture and Forestry 2019 ABQB 653. Drafting affidavits for evidence in chief in arbitrations.
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Kenneth Glasner
Kenneth Glasner2020-12-22 19:52:082020-12-22 19:55:5416. C.M. Callow Inc. v. Zollinger , 2020 SCC 45. Leading case on the rights and obligations of a contract being performed honestly and reasonably. Reasons and decision rendered December 18, 2020.
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Kenneth Glasner
Kenneth Glasner2020-11-28 15:18:192020-12-22 19:57:1015. Halliburton Company (Appellant) v Chubb Bermuda Insurance Ltd. (formerly known as Ace Bermuda Insurance Ltd) (First Respondent), [2020] UKSC 48. Leading case on arbitral bias, Reasons and Decision rendered November 27, 2020
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Kenneth Glasner
Kenneth Glasner2020-02-23 10:35:522020-02-23 10:36:0314. ENGLISH COMMERCIAL COURT RELEASES UPDATED S68 AND S69 STATISTICS: CHALLENGES DOWN, AND THE HURDLE FOR SUCCESS REMAINS HIGH
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