In 2025, Québec courts have grappled with the exceptions to the competence-competence principle. It requires that any challenge to the arbitrator’s jurisdiction must be resolved first by the arbitrator. Competence-competence has long been enshrined in the Model Law and New York Convention and is codified in Québec at art. 632 C.p.c. Its exceptions have been established by case law, but the practical application of what constitutes a “superficial analysis of the evidence on the record” allowing a court to rule directly on a mixed question or law and fact rather than referring the matter to the arbitrator has resulted in different outcomes in 2025. As set out below, courts often apply the competence-competence principle, or one if its exceptions, by stating that either a superficial analysis is sufficient – or not – to resolve the matter, but without explaining their reasoning as to how this conclusion is reached.
Continue reading “Philippe’s Reflections (2025): Québec courts find exceptions to the competence-competence principle – #927”Philippe’s Reflections (2025): Québec courts find exceptions to the competence-competence principle – #927
