Québec court refers litigants to arbitration despite requesting party not signing arbitration agreement

The Québec Superior Court in 9302-7654 Québec inc. (Team Productions) v. Bieber, 2017 QCCS 1100 determined that both litigants were bound by an arbitration agreement even if one had not personally signed the arbitration agreement.  Mr. Justice Daniel Dumais also reviewed the facts provided to him in court to conclude that the litigation raised a dispute which, though potentially extracontractual, fell with the large scope of the parties’ arbitration agreement.   Continue reading “Québec court refers litigants to arbitration despite requesting party not signing arbitration agreement”

Ontario Court of Appeal upholds dismissal of litigation based on issue estoppel with Sharia Law arbitration

In brief reasons, the Ontario Court of Appeal Mroue v. Mroue, 2017 ONCA 517 dismissed an appeal from Mr. Justice Colin D.A. McKinnon’s decision in Mroue v. Mroue, 2016 ONSC 2992 which struck a Statement of Claim on the basis of res judicata and issue estoppel with a prior arbitration award.  McKinnon J. held that the parties had bargained for a decision in accordance with Sharia Law and, having received one, could not now object to it.  Any alleged improprieties with the procedure followed in the Iran, while different from that in Ontario, did not result in any unfairness.  Continue reading “Ontario Court of Appeal upholds dismissal of litigation based on issue estoppel with Sharia Law arbitration”

Québec court holds parties to their bargain to refuse challenge to arbitral award

Mouhadi v. Fiducie famille Eusanio, 2017 QCCS 3570 demonstrated the economy inherent in Québec’s approach to the court’s post-award intervention by briskly considering and dismissing four challenges to a final arbitration award.  Unlike other Canadian provinces and territories, Québec arbitration law makes no distinction between international and domestic arbitration, applying a single standard familiar to international commercial arbitration practitioners. Defendants failed to meet their burden of establishing any one of the few grounds available to resist homologation.   Continue reading “Québec court holds parties to their bargain to refuse challenge to arbitral award”

Ontario court respectful of parties’ choice while ensuring parties treated fairly and equally

The application in Gerstel and 2102503 Ontario Inc. (Harold the Jewellery Buyer) v. Kelman and Mortgage Maven Inc., 2017 ONSC 214  required Mr. Justice Thomas R. Lederer to balance the limits of court intervention with party autonomy when he reviewed reproaches to the procedure adopted and tailored by the parties.  As with many arbitration agreements, the parties chose their applicable law and decision makers, opting to submit to a panel of three respected community leaders sharing similar values and approaches in order to resolve a commercial dispute.  Lederer J. carefully navigated between keeping the court’s distance and ensuring that both parties were treated equally and fairly, with a chance to present their case on the merits and challenge the other party’s.  Continue reading “Ontario court respectful of parties’ choice while ensuring parties treated fairly and equally”

B.C. court applies ‘arguable case’ test to stay action based on arbitration clause external to contract

The B.C. Supreme Court determined that an applicant for a stay of proceedings under section 8 of B.C.’s International Commercial Arbitration Act, RSBC 1996, c 233 need only meet an arguable case when establishing whether section 8 could support a stay in favour of arbitration.   Mr. Justice Warren B. Milman in Sum Trade Corp. v. Agricom International Inc., 2017 BCSC 2213 determined that both parties had valid arguments to make which went beyond pure questions of law or superficial considerations of documentary evidence and were best determined by an arbitrator with industry expertise.  Continue reading “B.C. court applies ‘arguable case’ test to stay action based on arbitration clause external to contract”