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Case 11: MAL 8; 9
Canada: Federal Court of Canada, Trial Division (Pinard, J.)
19 February 1988
Relais Nordik v. Secunda Marine Services Limited
Published in English and French: 24 Federal Trial Reporter, 256
A mandatory interim injunction requiring compliance with the terms of a charter party is not an interim measure within the scope of article 9 MAL.
Relais Nordik applied pursuant to article 9 of the Model Law which is enacted by the Commercial Arbitration Act , Revised Statutes of Canada, 1985, c.C-34.6 for a mandatory interim injunction to force Secunda Marine to comply with the terms of a charter-party signed by both parties.
The Court dismissed the application for an injunction on the grounds that the applicant
had not made out a strong prima facie case for an injunction. As well, damages would
compensate any loss suffered by the applicant. Moreover, the court held that the remedy
sought was not an interim measure within article 9 MAL. The applicant was seen as
attempting to have the court rather than the arbitrators resolve the substance of the
dispute, notwithstanding the respondent's objection pursuant to article 8 MAL.
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, 65
Text of the court decision published in English: [1995] Model Arbitration Law Quarterly Reports, Vol. 1, issue 1, 68
Text of the court decision published in French: [1995] Model Arbitration Law Quarterly Reports, Vol. 1, issue 1, 75
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CASE LAW ON UNCITRAL TEXTS (CLOUT)
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