Timothy Martin Lowman

The applicant, Cisco Systems Inc., sought to enforce a Letter Rogatory from a U.S. District Court against N. Harris Computer Corporation, a non-party in the U.S. patent litigation, to obtain documents and depositions.

Harris resisted the order, arguing it was burdensome and unnecessary, and that the evidence could be obtained from a party to the U.S. litigation (Video Solutions).

The court declined to enforce the order at this time, finding it premature, but ordered Harris to preserve legacy records and allowed Cisco to renew the application with further evidence after certain steps are taken in the U.S. litigation.

The appellant sought an order declaring that it had properly commenced an arbitration by written demand dated October 6, 2017.

The arbitration clause in the insurance contract allowed the insured to select the venue and procedural laws of Bermuda or one of London, Toronto, or Vancouver under the English Arbitration Act of 1996.

The appellant argued that while the Act was incorporated by reference, its procedural provisions were excluded for arbitrations outside the UK, and that the UNCITRAL Rules would apply instead.

The Court of Appeal disagreed, finding that the plain wording of the contract required that where Toronto was the seat chosen, the arbitration be conducted in accordance with the procedural laws set out in the Act.

The Court also declined to determine whether the arbitration had been properly commenced, reserving that question to the arbitrators.