Entries by Stephen Pitel

Canadian Conflict of Laws Articles

Here are some recent articles from Canadian publications: Janet Walker, “Are National Class Actions Constitutional?  A Reply to Hogg and McKee” (2010) 48 Osgoode Hall LJ 95 Jeffrey Haylock, “The National Class as Extraterritorial Legislation” (2009) 32 Dal LJ 253 Gerald Robertson, “The Law of Domicile: Re Foote Estate” (2010) 48 Alta L Rev 189 […]

Kuwait Airways Corporation v. Iraq in the Supreme Court of Canada

In yet another, but not the final, step in the very long-running litigation between KAC, IAC and the Republic of Iraq, the Supreme Court of Canada has held that the enforcement in Quebec of a 2008 judgment of the English Commercial Court ordering Iraq to pay CAD$84 million to KAC is not barred by soveriegn […]

New Articles in Canadian Publications

Two recent publications contain several topical articles: In the 2010 issue (volume 60) of the University of New Brunswick Law Journal are the following five articles: Catherine Walsh: “The Uses and Abuses of Party Autonomy in International Contracts”; Joshua Karton, “Party Autonomy and Choice of Law: Is International Arbitration Leading the Way or Marching to the […]

Canadian Articles on Multijurisdictional Class Actions

Three recent articles have been published about multijurisdictional class actions in Canada.  One of the most critical issues is whether the courts of a province will enforce a class action judgment from another province or another country approving a settlement that purports to bind plaintiffs resident in the province.  I know that similar issues are under consideration […]