Saskatchewan court’s narrow interpretation of its authority to review widens arbitrator’s autonomy to manage arbitral process

Adopting a narrow interpretation of its supervisory role granted by Saskatchewan’s The Arbitration Act, 1992, SS 1992, c A-24.1., Saskatchewan’s Court of Queen’s Bench dismissed an application to review an arbitrator’s decision because the court’s jurisdiction had not been triggered.  The court in Government of Saskatchewan v Capitol Steel Corporation, 2017 SKQB 302 decided that it could only intervene if the arbitral ruling actually qualified as either one of two types of arbitral results listed for review in the legislation.  Continue reading “Saskatchewan court’s narrow interpretation of its authority to review widens arbitrator’s autonomy to manage arbitral process”

Québec court authorizes defendant to apply outside delay for referral to arbitration

Mandatory wording in Québec’s Code of Civil Procedure, CQLR c C-25.01 does not prevent a litigant from demanding a stay of court proceedings and referral to arbitration beyond a time limit set by the rules.  The Québec court in Ferme Cérélait inc. v. Ferme Roch Vincent inc., 2017 QCCS 3260 granted an application which was outside a clear but not strict time limit.  Continue reading “Québec court authorizes defendant to apply outside delay for referral to arbitration”

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”