notes on new arbitration cases in Canada
…Côté (Wagner CJ and Moldaver, Rowe, and Kasirer concurring) found that the B.C. Court of Appeal had misapplied the doctrine of separability: “[167] Separability does not apply absent a challenge…
…Bankruptcy and Insolvency Act, RSC 1985, c B-3 and set out the doctrine of separability applicable to agreements to arbitrate. Their combined application supported the Court’s conclusion that a court-appointed…
…a clear misapplication of the Heyman v Darwins decision. Fourth, for previous Arbitration Matters case notes that discuss separability, see: B.C. – doctrine of separability allows receiver to disclaim agreement…
…legally formed. This deprived the alleged arbitration clause of any legal force. This case illustrates one of the rare instances to which the doctrine of separability of the arbitration agreement…
[:en]In Muskrat Falls Corporation v. Astaldi Canada Inc., 2018 NLSC 210, Mr. Justice James P. Adams reiterated the Newfoundland and Labrador Supreme Court’s endorsement of the principle of separability despite…
…not frustrated. Second, as to the autonomy of the arbitration clause (the principle of separability), he found in Art. 2642 of the Code of Civil Procedure, that it is “universally…
…rendering it void. This is out of step with article 16(1) of the Model Law, which enshrines a version of the separability presumption. There are different articulations of separability. However,…
…surprising in view of the separability principle that arbitration agreements survive contract termination. Arbitration jurisprudence suggests that the arbitration agreement in the contract between WCL and the Expert should have…
…focused on the separability of the arbitration clause, was not binding on him, and declined to follow it. Rather, Justice Penny focused on the insolvency law “single proceeding” doctrine. He…
…conduct in the proceedings (see para 11 and 12). Contributor’s Notes: First, the principle of separability is not discussed in this case. At first blush, given the Court’s ultimate finding…