Arbitration challenge Archives - Arbitration Matters

In Aspen Technology, Inc. v. Wiederhold, 2025 BCCA 261 (“Aspen“) the Court reversed a lower court’s finding that an arbitration clause was void and inoperative. In concluding the motions judge erred, the Court confirmed the very limited grounds upon which a court can refuse to stay an action in favour of arbitration. It closes a door the lower court in Aspen had opened and corrects the lower court’s application of the Dell Computer and Uber frameworks.

About Arbitration Matters

Arbitration Matters provides brief summaries of recent cases on commercial arbitration issues, as they are released, from across Canada. Therefore, the website is updated frequently. Each Case Note also provides commentary which helps put the case in context. As of Case Note #509 dated July 26, 2021, Lisa C. Munro, has continued the work done by the Honourable Justice Daniel Urbas before his judicial appointment to the Quebec Superior Court. She is assisted by a select group of other experienced arbitration practitioners, who also contribute regularly to the Case Notes.

Tag: Arbitration challenge

B.C. – Narrow basis for refusing to stay an action reiterated – #942