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Record W4400606571 · doi:10.54648/amdm2020039

Heller v. Uber and Procedural Arbitrability

2020· article· en· W4400606571 on OpenAlexaboutno aff
Janet Walker

Bibliographic record

VenueArbitration. · 2020
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicInternational Arbitration and Investment Law
Canadian institutionsnot available
Fundersnot available
KeywordsPolitical science

Abstract

fetched live from OpenAlex

In Heller v. Uber, the Supreme Court of Canada marked another milestone in its jurisprudence on competence-competence. By deciding that the inclusion of an arbitration clause in the Uber drivers’ agreement did not oblige a court to refer to an arbitral tribunal the jurisdictional question of whether the driver was an employee for purposes of the Employment Standards Act, the Court demonstrated a mature arbitration-friendly approach that will support the legitimacy of international commercial arbitration even as the Court marked the limits of competence-competence. Although the reasoning may have benefited from the application of the principle of arbitrability, and may have developed this principle by describing the question as one of ‘procedural arbitrability’, but the decision stands as a strong precedent for judicial reasoning on the relationship between the courts and arbitral tribunals.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.008
metaresearch head score (Gemma)0.015
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.483
Threshold uncertainty score0.961

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0080.015
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.001
Science and technology studies0.0110.017
Scholarly communication0.0110.006
Open science0.0020.005
Research integrity0.0120.014
Insufficient payload (model declined to judge)0.0070.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.024
GPT teacher head0.219
Teacher spread0.195 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2020
Admission routes1
Has abstractyes

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