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Case 180: MAL 8
Canada: British Columbia Supreme Court (Saunders J. in Chambers)
9 May 1995
Traff et al. v. Evancic et al.
Original in English
Unpublished
The plaintiffs commenced an action against the defendants for fraud and breach of trust
in relation to an investment scheme. Two Bahamian corporations were also served in the
action and sought an order staying the proceedings against them under the International
Commercial Arbitration Act, Statutes of British Columbia, 1986, Chapter 14 (which
enacts article 8 MAL).
While the proceedings related to allegations of fraud, the plaintiffs also sought an
accounting under various agreements relating to the investment scheme. These agreements
contained an arbitration clause.
Despite there being different issues, the court granted the stay requested since one of
the issues was in respect of a matter agreed to be arbitrated. The court relied on the Gulf
Canada Resources Ltd. v. Arochem International Ltd. decision (CLOUT Case no. 31 [...] ).
UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW
CASE LAW ON UNCITRAL TEXTS (CLOUT)
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