Trecho do comntário: "On 26 June 2020, the Supreme Court of Canada (SCC or the Court) rendered its judgment in Uber v. Heller, an important decision unambiguously re-affirming Canada’s status as a leading arbitration jurisdiction. The judgment is important on two levels. First, and more importantly than the facts of the case, the judgment re-affirms the competence-competence approach established by the Court, in 2007, in the Dell Computer v. Union des consommateurs case. The Court also helpfully affirms without any ambiguity that this approach applies to all Canadian courts and jurisdictions that have frameworks based on the UNCITRAL Model Law, as there had been certain doubts whether it did. Such doubts arose from the fact the Dell Computer judgment interpreted arbitration provisions of the Quebec Civil Code. Secondly, the Uber judgment provides a thoughtful application of the exception of referral to arbitration by Canadian courts where the validity of the arbitration agreement is in issue. This is also sometimes referred to as the extent of the ‘negative’ aspect of the competence-competence principle, i.e. that domestic courts should not decide in the first instance questions going to an arbitral tribunal’s jurisdiction, but should refer them to the arbitral tribunal itself, subject to limited exceptions."

1 The Facts of the Case and the Supreme Court’s Holding -- 2 Analysis of the Arbitration Issues Arising from the SCC’s judgmentin Uber v. Heller -- a) Whether the SCC Should Apply the Ontario Legislation Concerning Domestic or International Arbitration -- b) In What Circumstances Does a Canadian Court Consider, at the Outset, Jurisdictional Issues Instead of Referring them to the Arbitral Tribunal -- c) What is the Law Applicable to an Arbitration Agreement -- d) Grounds of Invalidity of an Arbitration Clause -- e) Where an Arbitration Clause is Invalid, Whether it Should be Re-Written by Courts -- f) The Importance of Canadian Courts’ Judicial Policy in Favour of Arbitration -- 3 Conclusion: Thoughts on Uber’s Arbitration Clauses