Supreme Court of Canada Clarifies Application of Arbitration Clauses in Insolvency

In the recent case of Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41 (Peace River), the Supreme Court of Canada (the SCC) clarified the circumstances in which an otherwise valid arbitration agreement may be held to be inoperative in the context of a court-ordered receivership under the Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3 (the BIA).

BACKGROUND

Filed under:
Canada, Arbitration & ADR, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Insolvency, Receivership, Supreme Court of Canada
Authors:
Ariel Solose , Claire Hildebrand , Alison Burns
Location:
Canada
Firm:
Blake, Cassels & Graydon LLP