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Case 66: MAL 8
Canada: Superior Court of Quebec (Moisan J.)
14 March 1989
Jean Charbonneau v. Les Industries A.C. Davie Inc. et. al.
Published in French: Recueil de Jurisprudence du Québec 1989, 1255
The plaintiff sued for damages caused by the delay in the delivery of a fishing boat, which one of the defendants was to construct and the other, the Minister of Agriculture, to partly finance. The defendants sought a stay of proceedings pursuant to s. 8 of the International Arbitration Arbitration Act (art. 8 MAL) on the ground that the construction contract contained an arbitration clause.
The court found that under the arbitration agreement the Minister of Agriculture was to
arbitrate any dispute arising between the parties. It was held that the arbitration clause
was inoperative on the ground that the Minister of Agriculture could not act as an
impartial arbitrator being a party to the contract. The court dismissed the defendant's
application for a stay of the proceedings.
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