Ontario offers proof of concept for merchants opting for international commercial arbitration

In a brisk decision granting recognition and enforcement an arbitral award made in Stockholm, Ontario’s Superior Court demonstrated Ontario’s commitment to international commercial arbitration.  The November 1, 2017 decision in Profoto AB v. Blazes Photographic, 2017 ONSC 6455 sends a reassuring message to international traders that Ontario is arbitration-friendly even when the final award is unfavourable to the Ontario-based litigant.  Continue reading “Ontario offers proof of concept for merchants opting for international commercial arbitration”

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

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”

Québec Court of Appeal rules that test for impartiality of judges applies equally to arbitrator

The Québec Court of Appeal in Canadian Royalties inc. v. Mines de nickel Nearctic inc., 2017 QCCA 1287 held that the test for deciding an arbitrator’s impartiality is the same test as for judges.  The Court of Appeal overturned a Superior Court decision which granted a motion to retract an earlier court decision which homologated a final arbitral award.   Continue reading “Québec Court of Appeal rules that test for impartiality of judges applies equally to arbitrator”

Québec court dismisses litigation seeking injunctive relief in favour of arbitration for specific performance

The Québec Superior Court in Truong v. Syndicat des copropriétaires Appartements Miraflor, 2017 QCCS 3673 dismissed a court litigation in favour of arbitration even if the litigation appeared to invoke injunctive powers reserved for the Superior Court.  Notwithstanding that Plaintiff as a court litigant sought provisional measures in the form of injunctive relief, Mr. Justice Mark G. Peacock ruled that Plaintiff could ask the arbitrator for specific performance of the same obligations which it sought to enforce by way of injunction.    Continue reading “Québec court dismisses litigation seeking injunctive relief in favour of arbitration for specific performance”

B.C. court grants stay to non-signatories to arbitration agreement

In his September 7, 2017 reasons for judgment in Northwestpharmacy.com Inc. v Yates, 2017 BCSC 1572, Mr. Justice George Macintosh granted an application by several defendants to stay the litigation in favour of arbitration even though none of them were signatories to that undertaking to arbitrate.  Macintosh J. relied in part on Plaintiff’s own insistence that it had dealt contractually with certain Defendants, though under oral agreements separate from the written one in which the arbitration clause was included.  Continue reading “B.C. court grants stay to non-signatories to arbitration agreement”