In Fraser N Peterson Professional Corporation v Mark WM Leishman Professional Corporation, 2026 ABKB 568, the Court dismissed an application under section 47 of the Alberta Arbitration Act, RSA 2000, c A-43 (the “Act”) for a declaration that an arbitration agreement was invalid, and that the arbitrator lacked jurisdiction. Although the competence-competence principle would ordinarily require the arbitrator to decide the jurisdiction question first, the Court held that it could hear the jurisdictional challenge under section 47 of the Act. The Court relied on foundational efficiency principles, noting that the parties had advanced comprehensive submissions on an uncontested factual record, the dispute turned primarily on the interpretation of written agreements, and the statutory framework prevented the applicant from making the same challenge before the arbitrator. The Court concluded that the arbitration agreement was valid and survived the termination of the parties’ underlying contract.
Continue reading “Alberta – Competence-competence and efficiency considered in declaration of invalidity of arbitration application – #961”Alberta – Competence-competence and efficiency considered in declaration of invalidity of arbitration application – #961
