notes on new arbitration cases in Canada
…light of more recent cases that demonstrate a “shift towards the competence-competence approach.” The recent cases are: Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41; Uber Technologies Inc. v….
…of technical prerequisites for a stay of proceedings from Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 : “[83] There are typically four technical prerequisites relevant at this stage:…
…of the validity of the arbitration agreement to the arbitrator (which should frequently be the situation given the guidance from the Supreme Court of Canada in Dell, Uber and Petrowest…
…The arbitration and the restructuring process in the court co-exist relatively harmoniously. This can be contrasted with the situation in Petrowest Corporation v. Peace River Hydro Partners, 2020 BCCA 339…
…applicant on a stay is to demonstrate an “arguable case” that the technical prerequisites for a stay are met (see Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41,…
…the termination or expiration of the agreements. He also relied upon the principle of separability, as set out in Petrowest Corporation v Peace River Hydro Partners, 2020 BCCA 339 at…
…decisions in Dell and Heller. The Court could also have cited a more recent case, Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41, on this point (paras. 42-43). Those…
…Court of Canada’s recent confirmation of relevant legal principals in respect of stay applications in Peace River Hydro Partners v Petrowest Corp, 2022 SCC 41. In general, the competence-competence rule…
…of the law presents both interesting and practical challenges. Another recent example of this can be found in the Petrowest v Peace River Hydro case, in which one of the…
…Act, RSO 1990, cI.9 (“ICAA”). The Court explained: “[35]… First, in Peace River Hydro Partners v. Petrowest Corp.,2022 SCC 41, 475 D.L.R. (4th) 1, the Supreme Court of Canada described…