Welcome to JSS Barristers Insights. Here you’ll find a variety of thought-leadership, from concise summaries of regulations to more in-depth analyses of how Rules of Court can affect the courts’ decisions.
Category: Arbitration
The Uber Decision: Justice Come Heller High Water? Improvident Bargain
July 8, 2020
In Part 2 of our analysis on the recent decision of Uber v Heller, we discuss how the wide application of improvidence could lead to commercial uncertainty.
The Uber Decision: Justice Come Heller High Water? Unequal Bargaining Power
July 2, 2020
In the recent decision by the SCC in Uber v Heller, the majority confirms that the doctrine of unconscionability applies to all contracts. This undermines commercial certainty, as little guidance is provided for its application.