Arbitration Matters

[:en]

In a brisk decision granting recognition and enforcement an arbitral award made in Stockholm, Ontario’s Superior Court demonstrated Ontario’s commitment to international commercial arbitration. The November 1, 2017 decision in Profoto AB v. Blazes Photographic, 2017 ONSC 6455 sends a reassuring message to international traders that Ontario is arbitration-friendly even when the final award is unfavourable to the Ontario-based litigant. Continue reading “[:en]Ontario – proof of concept for merchants opting for international commercial arbitration – #008[:]”

[:en]Faced with a rare opportunity to review an arbitral appeal tribunal’s award, Alberta’s Court of Queen’s Bench in SMART Technologies ULC v. Electroboard Solutions Pty Ltd, 2017 ABQB 559 identified and applied the strict limits of judicial oversight reserved for reviewing international commercial arbitral awards. Obliged to choose between compelling arguments made by both parties on the applicable standard, the court delivered articulate distinctions about the respective and differing jurisdictions of arbitral appeal tribunals and the courts. Continue reading “[:en]Alberta – court distinguishes between error of law and excess of jurisdiction in review of arbitral appeal tribunal award – #007[:]”

[:en]The Québec Court of Appeal in Canadian Royalties inc. v. Mines de nickel Nearctic inc., 2017 QCCA 1287 held that the test for deciding an arbitrator’s impartiality is the same test as for judges. The Court of Appeal overturned a Superior Court decision which granted a motion to retract an earlier court decision which homologated a final arbitral award. Continue reading “[:en]Québec – Court of Appeal rules that test for impartiality of judges applies equally to arbitrator – #006[:]”

[:en]

The Québec Superior Court in Truong v. Syndicat des copropriétaires Appartements Miraflor, 2017 QCCS 3673 dismissed a court litigation in favour of arbitration even if the litigation appeared to invoke injunctive powers reserved for the Superior Court. Notwithstanding that Plaintiff as a court litigant sought provisional measures in the form of injunctive relief, Mr. Justice Mark G. Peacock ruled that Plaintiff could ask the arbitrator for specific performance of the same obligations which it sought to enforce by way of injunction. Continue reading “[:en]Québec – court dismisses litigation seeking injunctive relief in favour of arbitration for specific performance – #005[:]”

[:en]

In his September 7, 2017 reasons for judgment in Northwestpharmacy.com Inc. v Yates, 2017 BCSC 1572, Mr. Justice George Macintosh granted an application by several defendants to stay the litigation in favour of arbitration even though none of them were signatories to that undertaking to arbitrate. Macintosh J. relied in part on Plaintiff’s own insistence that it had dealt contractually with certain Defendants, though under oral agreements separate from the written one in which the arbitration clause was included. Continue reading “[:en]B.C. – court grants stay to non-signatories to arbitration agreement – #004[:]”

[:en]

The Newfoundland and Labrador Supreme Court, Trial Division, provided a precedent-setting analysis of arbitration parties’ ability to contract out of legislated court review of a commercial arbitration award. At the same time, Mr. Justice Robert P. Stack in his August 30, 2017 reasoning in Newfoundland and Labrador v. ExxonMobil Canada Properties, 2017 CanLII 56724, also tested the UNCITRAL Model Law on International Commercial Arbitrations, 1985, U.N. Doc. A/40/17 (1985, Ann. I) (“UNCITRAL Model Law”) as a substitute for that review. Continue reading “[:en]N.L. – court tests UNCITRAL Model Law as substitute for court review of award – #003[:]”

[:en]In a brief October 5, 2017 decision, the Ontario Superior Court in Epicor Software Corp. v. RB Packing & Seals Inc., 2017 ONSC 5959 (“Epicor”) exercised its discretion to decline relief under article 34(2)(a)(ii) of the UNCITRAL Model Law on International Commercial Arbitration (1985) (“UNCITRAL Model Law”) despite finding that the applicant had met the grounds set out in that article. Continue reading “[:en]Ontario – court finds breach of UNCITRAL Model Law but upholds arbitral decision – #002[:]”

[:en]The Québec Superior Court issued a July 18, 2017 decision in Greenkey Ltd. v. Trovac Industries Ltd., 2017 QCCS 3270 reasserting Québec’s courts’ full support of arbitration. The decision granted a motion to homologate the final award and a dismissed a motion to annul the award resulting from an arbitration conducted pursuant to the Canadian Commercial Arbitration Centre (“CCAC”) rules. Continue reading “[:en]Québec – court decision illustrates strength of arbitration in Québec – #001[:]”