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Alberta Court Articulates Important Exceptions to the Kompetenz-Kompetenz Principle and the Scope of

A recent decision of the Alberta Court of Kings Bench in Orica Canada Inc v ARVOS GmbH, 2024 ABKB 97, has attracted considerable attention among members of the arbitration bar. In it, the Court of Kings Bench, articulated important exceptions to two established principles that, to date, have largely been taken for granted among arbitration practitioners
Peace River New York United States Frankfurt Am Main Metalurgicas Arlindos Pinho Artem Barsukov

An Arguable Case May Be All You Need to Go to Arbitration in Ontario

In the recent Ontario Court of Appeal decision in Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023 ONCA 260, the Court addressed the question of what standard of proof a party would need to meet in order to establish that an agreement to arbitrate exists, such that a stay of a court proceeding should be granted and the dispute referred to arbitration under Section 9 of Ontarios International Commercial Arbitration Act. The Court found that the applicable standard of ...
New York United States New Zealand New Zealand General Peace River Vasilis Pappas

Can your arbitration agreement survive insolvency? A review of Peace River Hydro Partners v Petrowest Corp. from the construction perspective - MLT Aikins

There’s a chance the arbitration clauses in your construction contracts may not survive an insolvency proceeding, as illustrated by a recent decision from the SCC.
United Kingdom Peace River Supreme Court Petrowest Corporation Alberta Court Peace River Hydro Partnersv Petrowest Corp

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