CLOUTindex.
index.
Case 9: MAL 8
Canada: Federal Court of Canada, Trial Division (Denault, J.)
2 November 1987
Coopers and Lybrand Limited (Trustee) for BC Navigation S.A. (Bankrupt)
v. Canpotex Shipping Services Limited
Published in English: 16 Federal Trial Reporter, 79
Where a valid arbitration agreement exists and a party requests a transfer of the dispute to the arbitration tribunal at the first opportunity, article 8 MAL obliges the court to refer the matter to arbitration.
The charter-party agreement executed by the parties contained an arbitration clause. After Coopers and Lybrand commenced an action against the Canpotex in court, Canpotex filed a conditional appearance objecting to the jurisdiction of the court and sought a stay of proceedings in order to allow the objection to be made. Canpotex also sought an order pursuant to section 50(1)(b) of the Federal Court Act seeking a stay of proceedings.
The court granted Canpotex's motion. Pursuant to article 8 of the Model Law, which is
enacted by the Commercial Arbitration Act, R.S.C.1985, c.C-34.6, the court was obliged to
refer the matter to arbitration. A valid arbitration agreement existed and Canpotex had
requested a transfer of the dispute to the arbitration tribunal at the first opportunity.
In the alternative, the court would have granted a stay pursuant to section 50 of the
Federal Court Act.
This case is cited in Case 19.
Additional Information published in later CLOUT issue (on "4 November 1993"):
Commented on by Tetley in [1993] Lloyd's Maritime and Commercial Law Quarterly, 238.
Commented on by Paterson in Williamette Law Review, Vol. 27, 573.
Additional Information published in later CLOUT issue (on "9 February 2000"):
Abstract published in English: [1995] Model Arbitration Law Quarterly Reports, Vol. 1, issue 1, 95
Text of the court decision published in English: [1995] Model Arbitration Law Quarterly Reports, Vol. 1, issue 1, 98
UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW
CASE LAW ON UNCITRAL TEXTS (CLOUT)
Abstracts of cases
This compilation of abstracts forms part of the system for collecting and disseminating information on court decisions and arbitral awards relating to Conventions and Model Laws that have emanated from the work of the United Nations Commission on International Trade Law (UNCITRAL). Information about the features of that system and about its use is provided in the User Guide (A/CN.9/SER.C/GUIDE/1).
The abstracts have been prepared by national correspondents designated by their Governments. It should be noted that neither the national correspondents nor anyone else directly or indirectly involved in the operation of the system assumes any responsibility for any error or omission or other deficiency.
__________
Copyright United Nations 1993
All rights reserved.
Reproduced on this web site (www.interarb.com) with the kind permission of the United Nations, New York.
Database, typography, layout, etc. © interarb, 1999.