Single Proceeding Model Trumps Contractual Rights - Arbitration Clause Held “Inoperative” in Insolvency Proceeding

A recent decision of the Ontario Court of Appeal invalidated an arbitration and forum selection clause in a commercial agreement in favour of having a dispute between the debtor and its former customer adjudicated within a receivership proceeding.

Filed under:
Canada, Ontario, Arbitration & ADR, Insolvency & Restructuring, Litigation, McMillan LLP, Insolvency, Receivership, Supreme Court of Canada, Ontario Superior Court of Justice
Authors:
Jeffrey Levine , Anthony Labib
Location:
Canada
Firm:
McMillan LLP