Uber v. Heller and Access to Justice in Arbitrations

The Supreme Court of Canada holds invalid as unconscionable the international arbitration clause in a contract between Uber and its UberEats driver

Resumo

In Uber v. Heller, the Supreme Court of Canada held that an international arbitration clause found in a contract between Uber and an UberEats driver was invalid under Canadian law. The decision revisited several important issues of arbitration law such as the principle of competence competence under Canadian law and issues of access to justice arising in the arbitration context. Based on Ontario's UNCITRAL Model Law legislation, this decision will be important to all Model Law jurisdictions around the world.