In Bains v Loader, 2026 MBCA 66, the Court found no palpable and overriding error in the lower court’s judgment that ICC arbitration agreements in two international commercial contracts were incapable of being performed because of poor drafting. However, the Court reversed the findings that two technical prerequisites of the Peace River Hydro v Petrowest Corp. stay test were not satisfied, and declined to endorse the findings that the agreements were null and void or inoperative, “or any suggestion … that exceptions, other than those set out in the ICAA, are relevant to the exception analysis in this case.”
Continue reading “Manitoba – Inconsistent, contradictory, and flawed arbitration agreements cannot be performed – #962”Manitoba – Inconsistent, contradictory, and flawed arbitration agreements cannot be performed – #962
