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Case 352: MAL: 8(1)
Canada: British Columbia Court of Appeal (Southin, Huddart and Proudfoot JJ.A.)
February 23, 1998
Nutrasweet Kelco Co. v. Royal-Sweet International Technologies Ltd. Partnership
Original in English
Published in English [1998] B.C.J. No. 557, (1998) 49 B.C.L.R. (3d) 115, reversing [1997] B.C.J. No. 332
In an action before the British Columbia court, the plaintiff sought to obtain payment of a sum due by the defendants. The agreement between the parties provided for arbitration and the defendant sought a stay of proceedings, which was granted at first instance. On appeal, the stay was reversed on the grounds that the defendant had already delivered its defense and therefore, in accordance with section 8 of the International Commercial Arbitration Act, was foreclosed from invoking the arbitration clause.
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