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CANADA 3 December 2021 Specter Aviation
Cour d’Appel, Province of Quebec, Montreal Registry, 3 December 2021, no. 500-09-029311-214
(Specter Aviation TVPX Aircraft Solutions Inc. and United ... Read more
Cour d’Appel, Province of Quebec, Montreal Registry, 3 December 2021, no. 500-09-029311-214
(Specter Aviation TVPX Aircraft Solutions Inc. and United Mining Supply v. Jean Laprade and World Aircraft Leasing Inc.)
CANADA 3 December 2021 Specter Aviation
Following the winding up of their joint venture, the parties had concluded an agreement providing, inter alia, for the return of a Beechcraft 300 to World Aircraft Leasing (WAL), as well as for ICC arbitration of disputes. Specter and United Mining Supply then attached the aircraft, which was in possession of Mr Laprade in Quebec, claiming that they, rather than WAL, were the owners. The Court of Appeal quashed the first instance attachment decision, finding that the matter should be referred to arbitration, and that the appellants had not waived their right to arbitration by seeking the aircraft’s attachment in Quebec.
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.