Canada: Dividing Disputes Between Arbitration And Court
In FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corporation (“FamilyMart”),1 the Judicial Committee of the United Kingdom’s Privy Council (“JCPC”) held that when a party to an arbitration agreement seeks a remedy that is only available in court, the arbitration agreement still applies to the extent that the matters in dispute are arbitrable. In short, a court may bifurcate the dispute, and order a stay of the court proceeding pending the outcome of […]