CLOUTindex.
index.
Case 35: MAL 8
Canada: Ontario Court, General Division (Day J.)
1 October 1992
Canada Packers Inc. et al. v. Terra Nova Tankers Inc. et al.
Published in English: 11 Ontario Reports (3d), 382
The fact that a claim on which a party seeks arbitration is grounded in tort does not preclude the application of MAL.
The parties entered into a charter-party agreement which contained an arbitration clause. The respondent sued the applicant in both contract and tort. At issue was whether the court should grant a stay of proceedings pursuant to article 8 MAL. The respondent claimed that MAL did not apply to tortious actions and that the absence of the word "commercial" characterizing the term arbitration in the International Commercial Arbitration Act, Revised Statutes of Ontario, 1990, c. 1.9. indicated that MAL would not apply to the situation.
The court found that the fact that a claim is grounded in tort does not preclude
arbitration. The court also determined that even though the word "commercial"
does not appear in the implementing legislation, it does appear in the schedule to the
legislation and as such MAL will apply to commercial arbitrations in Ontario. The court
granted the stay of proceedings.
Additional Information published in later CLOUT issue (on "9 February 2000"):
Abstract published in English: [1995] Model Arbitration Law Quarterly Reports, Vol. 1, issue 4, 71
Text of the court decision published in English: [1995] Model Arbitration Law Quarterly Reports, Vol. 1, issue 4, 74
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.