Mauritius: The Supreme Court Of Mauritius Re-Affirms Its Support To International Arbitration

On 05 November 2023, the Mauritian Supreme Court (Supreme Court) set aside with costs an application by OGD Services Holdings Ltd (OGD) which was lodged under Article V of the New York Convention.

OGD’s application thereby challenged a provisional order issued by the Supreme Court on 22 March 2022 (Provisional Order). Under the Provisional Order, the Supreme Court had granted the recognition and enforcement of an arbitral award delivered on 30 November 2016 (Arbitral Award) […]

By | November 16th, 2023 ||

Canada: Alberta Court Finds Non-Party Bound To Arbitrate When Enforcing Contractual Warranties

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 […]

By | November 16th, 2023 ||

Canada: BCCA Grants Partial Stay Of Class Proceeding In Favour Of Arbitration

The British Columbia Court of Appeal’s decision in Petty v. Niantic Inc.1 demonstrates how a tailored arbitration agreement in a standard form contract can operate to stay a class proceeding in the context of a consumer relationship. The Court of Appeal upheld the application judge’s contextual analysis, which found that an arbitration agreement in a standard form contract was neither unconscionable nor contrary to public policy.

You can also read our blog post on the companion case, Williams v. […]

By | November 15th, 2023 ||