The Alternative Dispute Resolution Section of the Canadian Bar Association, Quebec Division, recently canvassed the latest developments in arbitration law and practice. Langlois Kronström Desjardins is proud to have been involved in a significant number of leading cases which were highlighted at the CBA’s annual review, namely:
- Canadian Royalties v. Nearctic Nickel Mines, 2013 QCCS 5321: This case established that an arbitral tribunal can legally quantify the amount of arbitration fees incurred in the case and condemn a party to pay them notwithstanding the refusal of the unsuccessful party to pay the arbitrator(s), which does not necessarily create an apprehension of bias.
- Nearctic Nickel Mines v. Canadian Royalties, 2014 QCCA 57: In this case, the Court of Appeal confirmed that the legal framework governing the review of arbitral awards is well settled, and does not warrant further consideration by the Court of Appeal.
- Canadian Royalties v. Greenfield Mining Services, 2013 QCCS 4967: This case established that the court retained exclusive jurisdiction over an application to strike a construction lien from the land registry, notwithstanding an arbitration clause and an underlying dispute between the parties with respect to the obligation secured by the lien, which was validly before an arbitration Tribunal.
- Abitibi Royalties v. Osisko Mining Corporation, 2014 QCCS 2817: Setting an important precedent for the promotion of alternative dispute resolution mechanisms, the court in this case upheld the arbitration clause and declined jurisdiction over a lawsuit brought before it notwithstanding a boiler-plate forum selection clause in which both parties had submitted to the exclusive jurisdiction of the civil courts.
Alternative dispute resolution (“ADR”) refers to the various ways of resolving conflicts outside of the traditional litigation process by promoting the resolution of disputes in less formal, often less expensive and usually faster ways than going to court. ADR processes include mediation, arbitration, and a range of other techniques.