Canada / 29 February 2012 / Cour d’appel du Québec / Nearctic Nickel Mines Inc. and Ungava Minerals Exploration Inc. v. Canadian Royalties Inc.
|Court||Canada, Cour d’appel du Québec|
|Date||29 February 2012|
|Parties||Nearctic Nickel Mines Inc. and Ungava Minerals Exploration Inc. v. Canadian Royalties Inc.|
2012 QCCA 385, online: CanLII
|Summary||Ungava Minerals Exploration Inc. (“Ungava”) and Nearctic Nickel Mines Inc. (“Neartic”) entered into an agreement with Canadian Royalties Inc. (“CRI”), which included an arbitration agreement providing for arbitration in accordance with the Centre d’arbitrage commercial national et international du Québec. A dispute arose and a sole arbitrator rendered an award ordering, inter alia, specific performance of the agreement by Ungava and Nearctic. CRI presented a motion for homologation before the Cour supérieur du Québec (Quebec Superior Court), which was granted. Ungava and Nearctic appealed, seeking an annulment of the award on the grounds that the arbitrator had exceeded his jurisdiction by rendering conclusions of an injunctive nature, rewriting the contract and ignoring certain contractual provisions. The Cour d’appel du Québec (Quebec Court of Appeal) dismissed the appeal, concluding that the sole arbitrator had not exceeded his jurisdiction. Though it did not directly apply the NYC in reaching its decision, it considered that the philosophy governing the court’s involvement in the arbitral process may be traced to foreign legal sources such as the NYC, which reflects the commercial world’s willingness to promote private dispute resolution.|
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