Alberta – decision demonstrates limits of enforcement even for recognized commercial arbitration awards – #018

The decision in Myers v. AlanRidge Homes Ltd, 2017 ABQB 631 provides insights on the extent to which some successful arbitral parties go to execute on recognized and enforced awards.  The case contains six categories of transactions which Plaintiffs tried to void in order to recover assets against which they could then execute to satisfy their awards recognized by an earlier court decision. Plaintiffs’ claims and Defendants’ circumstances provide a useful discussion on different transactions which may be challenged and how the court can approach those transactions which stand in the way of satisfying arbitral awards.  Continue reading “Alberta – decision demonstrates limits of enforcement even for recognized commercial arbitration awards – #018”

Alberta – court distinguishes between error of law and excess of jurisdiction in review of arbitral appeal tribunal award – #007

Faced with a rare opportunity to review an arbitral appeal tribunal’s award, Alberta’s Court of Queen’s Bench in SMART Technologies ULC v. Electroboard Solutions Pty Ltd, 2017 ABQB 559 identified and applied the strict limits of judicial oversight reserved for reviewing international commercial arbitral awards.  Obliged to choose between compelling arguments made by both parties on the applicable standard, the court delivered articulate distinctions about the respective and differing jurisdictions of arbitral appeal tribunals and the courts.  Continue reading “Alberta – court distinguishes between error of law and excess of jurisdiction in review of arbitral appeal tribunal award – #007”