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Alberta Court Of Appeal Provides Antidote To Consternation On Scope Of Arbitration Clauses
Bennett Jones LLP are most popular: within Coronavirus (COVID-19) and Consumer Protection topic(s) with Senior Company Executives, HR and Finance and Tax Executives with readers working within the Accounting & Consultancy, Insurance and Oil & Gas industries The Alberta Court of Appeal in Arsopi v ARVOS GmbHprovided welcome relief from the consternation caused by Orica Canada Inc v ARVOS GmbH[Orica], a 2024 Alberta Court of King's Bench decision which held that claims arising by operation of...
Alberta Court of Appeal Provides Antidote to Consternation on Scope of Arbitration Clauses
The Alberta Court of Appeal in Arsopi v ARVOS GmbHprovided welcome relief from the consternation caused by Orica Canada Inc v ARVOS GmbH[Orica], a 2024 Alberta Court of King's Bench decision which held that claims arising by operation of law, such as statutory claims under Alberta's Tort-Feasors Act (Alberta)(the TFA Claim) do not fall within the scope of an arbitration clause capturing "all disputes arising out of or in connection with" the underlying contract.
Ontario Court of Appeal Strikes Important Balance in Applying Exceptions to the Kompetenz-Kompetenz Principle | JD Supra
Last week, the Ontario Court of Appeal released its decision Lochan v Binance Holdings Limited, 2024 ONCA 784 [Binance], in which it refused to stay a class action proceeding in favour of arbitration. In doing so, the Court reaffirmed two key exceptions to the kompetenz-kompetenz principle, which gives an arbitral tribunal the power to rule on its own jurisdiction.
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