The UK Supreme Court in a recent decision has clarified the approach to be taken in determining when a matter ought to be referred to arbitration under an arbitration clause, and when such a matter falls outside of an arbitration clause. In doing so, the Supreme Court considered and endorsed the approaches found in other leading centres of international arbitration. The case will be highly persuasive on similar considerations before the BVI courts and […]

In Husky Oil Operations Limited v. Technip Stone & Webster Process Technology Inc, and Technip USA Inc., 2023 ABKB 545, the Alberta Court of King’s Bench found that a beneficiary of contractual warranties may be bound to arbitrate disputes arising from those contractual warranties, even though not a party to that contract.

The Court determined that third-party beneficiaries of a contract can choose to enforce their rights, but that by taking up these contractual rights they […]