Gannon Beaulne, Maya Bretgoltz and Ranjan Agarwal write in the American Bar Association's Litigation Section on "Enforcing Standard-Form Arbitration Agreements in Class Actions: Lessons from the Uber Saga in Canada".
They describe how the Supreme Court of Canada decision in Uber Technologies Inc. v. Heller, 2020 SCC 16, clarifies that arbitration agreements should give effect to contracting parties’ genuine intention to refer disputes to a realistically attainable arbitration process and may be scrutinized by the courts.
Bennett Jones