2021 Arbitration Year in Review
…v Luxtona Ltd., and United Mexican States v Burr]; and (2) the application of the foundational principle of “separability” in the bankruptcy context in Petrowest Corporation v Peace River Hydro…
Nova Scotia – Court orders stay in favour of arbitration – but with conditions – #858
…River v Petrowest Part 1: Separability Clarified? – #682, and Supreme Court – Peace River v Petrowest Part 2: no conflict between arbitration, bankruptcy law – #687. Petrowest established, at…
Liz’s 2022 Hot Topic: Treatment of arbitration agreements in 2022 – #703
…agreements are well drafted. Petrowest is discussed in Arbitration Matters Case Notes Supreme Court – Peace River v Petrowest Part 1: Separability Clarified? – #682 and Supreme Court – Peace…
Timothy’s 2022 Hot Topic – At the crossroads of class actions and arbitration – #702
…Separability Clarified? – #682 and Supreme Court – Peace River v Petrowest Part 2: no conflict between arbitration, bankruptcy law – #687). The facts of Petrowest, “pit the public policy…
Québec – ‘state of the current case law’ justifies leave to appeal raising autonomy of agreement to arbitrate – #428
…of the autonomy (separability) of an agreement to arbitrate, the conditions for effectiveness of agreements to arbitrate and the impact of article 3152 C.C.Q. on an agreement to arbitrate contained…
Ontario – Technical requirements for stay are precondition to competence-competence principle – #909
…Peace River v Petrowest Part 1: Separability Clarified? – #682 – Arbitration Matters; Supreme Court – Peace River v Petrowest Part 2: no conflict between arbitration, bankruptcy law – #687…
Québec– Court declines homologation based upon CCAA discretion – #625
…the Courts have considered the interplay (and possible conflict) between arbitration legislation and bankruptcy and insolvency legislation. See for example B.C. – doctrine of separability allows receiver to disclaim agreement to…
BC – Stay granted where two relevant agreements, only one having arbitration clause – #562
…narrow issue that the Court was asked to determine, namely, whether the arbitration clause was unconscionable and thereby unenforceable (such as applicable arbitration legislation, competence-competence, and the doctrine of separability)….
Ontario – Appeal allowed where arbitration agreement “invalid”; Arbitration Act not engaged – #746
…provides that the motion judge’s decision was not subject to appeal.Second, see my earlier commentary on the principle of separability, which is relevant to this case: Ontario – Arbitration clause…
Québec – No clean hands, no security despite stay of homologation application – #677
…case law’ justifies leave to appeal raising autonomy of agreement to arbitrate – #428; and Québec – Arbitration 101: parallel proceedings, multiple arbitration clauses, competence-competence, arbitrability, separability, waiver – #577….