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Case 112: MAL 8(1)
Canada: Alberta Court of Queen's Bench and Alberta Court of Appeal
13 July 1994 and 4 October 1994
Kvaerner Enviropower Inc. v. Tanar Industries Ltd.
Published in English: 157 Alberta Reports, 363; and [1994] Western Weekly Reports, 228
Kvaerner, a contractor, applied for a stay of the court proceedings initiated by Tanar, a subcontractor, and for submission of the dispute between them and a third party, which had to pay performance bonds issued in favour of Tanar, to arbitration.
The court stayed the proceedings and referred the dispute between Kvaerner and Tanar to
arbitration. While the court considered that the performance bonds in favour of Tanar did
not constitute an agreement between the third party and Kvarner to arbitrate their
differences, it stayed the court proceedings as between Kvaerner and the third party
pending arbitration of the dispute between Kvaerner and Tanar. The Court of Appeal
confirmed the decision of the court of first instance.
Additional Information published in later CLOUT issue (on "9 February 2000"):
Abstract published in English: [1998] Model Arbitration Law Quarterly Reports, Vol. 3, issue 1, 9
Text of the court decision published in English: [1998] Model Arbitration Law Quarterly Reports, Vol. 3, issue 1, 13
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Abstracts of cases
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