Alberta Court Articulates Important Exceptions to the Kompetenz-Kompetenz Principle and the Scope of Arbitration Clauses | Bennett Jones LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
A recent decision of the Alberta Court of King s 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 King s Bench, articulated important exceptions to two established principles that, to date, have largely been taken for granted among arbitration practitioners
Canada s $12B Site C Hydro Dam Aims For Long-Haul Completion enr.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from enr.com Daily Mail and Mail on Sunday newspapers.
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 Ontario s International Commercial Arbitration Act. The Court found that the applicable standard of proof is that of arguable case, which is lower than the ordinary balance of probabilities standard, consistent with the prevailing view in Ontario that deference should be given to agreements to arbitrate and the jurisdiction of arbitral tribunals to determine their own jurisdiction.