notes on new arbitration cases in Canada
…agreements in which they may be found; in fact, the separability doctrine holds that arbitration clauses embedded in contracts should be treated as independent agreements that are ancillary or collateral…
…on the case : “N.L. court endorses principle of separability of arbitration agreement despite omission in legislation”. After Adams J. had ordered MFC and Astaldi to go before the Board…
…not at issue in this case. Third, invoking the separability doctrine, he rejected the argument that termination of the Agreement meant that the arbitration clause was no longer in effect….
…of separability between the arbitration clause and the main contract apply (paras. 119-125; 167-168; and 194)? The latter issue, which involves a fundamental doctrine in arbitration law, was profiled in…
…by the usual rules of contractual interpretation. The Court also referred to the principle of severability/separability – and said that arbitration clauses must always be considered as legally distinct from…
…she clearly endorsed the doctrine of separability. Based on the same exchanges noted in her analysis regarding the Extension Agreement, she drew the same conclusion, determining the parties were not…
…the arbitration agreement separability principle in this context). Second, query whether there is a happy medium. In some cases, it might be possible to allow the matter to proceed to…
…so. (5) Section 7 (separability of arbitration agreement) and section 8 (death of a party) apply where the law applicable to the arbitration agreement is the law of England and…
…power to rule on their own jurisdiction (sec. 632 CCP). The Court also referred to the principle of separability and stated that the arbitration agreement was a contract separate from…
…Separability Clarified? – #682 and Part 2: No Conflict Between Arbitration, Bankruptcy Law – #687. Contributors’ Notes: What next following Mundo and Petrowest? In both Mundo and Petrowest¸ the Courts…