Is An Arbitral Appeal Mechanism In An Arbitration Clause Conceivable? The Superior Court Says Yes

On August 2, 2024, the Québec Superior Court handed down an unprecedented decision confirming that in Québec, an appeal mechanism could be included in an arbitration clause.1 According to the Honourable Chantal Masse, J.S.C., nothing prevents the parties from agreeing to an arbitration appeal process, thereby enabling an appeal arbitration body to confirm or reverse an initial arbitration award.
Background
In June 2023, 9727272 Canada Inc. (“972”), a car dealership operating in Laval, filed a request for […]

By | January 10th, 2025 ||

Minnesota Court Of Appeals Reinforces Strong Presumption In Favor Of Arbitration

On Dec. 9, 2024, the Minnesota Court of Appeals reinforced the state’s strong presumption in favor of arbitration in Provost v. Lundmark.

The case involved a family trust created by the mother for the benefit of her three children and their descendants as the beneficiaries. The trust property included the family’s homestead, which was to be distributed outright to the beneficiaries upon the mother’s death. John, the son and co-trustee, wanted to purchase the homestead from […]

By | January 9th, 2025 ||

Successful Challenge Of Ambiguous Arbitration Clause

This article analyses a significant ruling issued by the Dubai Court of Cassation in Case No. 445 / 2024 / 208, which involved a financial claim arising from a subcontract dispute. The case sheds light on the need for clarity in drafting arbitration clauses in commercial contracts and the requirement for such clauses to exclude the jurisdiction of courts.

Factual background

The dispute arose between a subcontractor (Plaintiff) and a contractor (Ddefendant) over the execution of […]

By | January 8th, 2025 ||