L'EFFICACITE EN DROIT QUEBECOIS D'UNE CONVENTION D'ARBITRAGE OU D'ELECTION DE FOR INVOQUEE A L'ENCONTRE D'UN APPEL EN GARANTIE

  • FREDERIC BACHAND
Keywords: Arbitration, Civil Law, Quebec

Abstract

The jurisprudence of the Québec Court of Appeal is clear: generally speaking, the jurisdiction a court has over the principal action extends to an incidental action in warranty even where the latter relates to a dispute which falls within the ambit of an arbitration agreement or an agreement conferring an exclusive jurisdiction to a foreign court. The author argues that this solution is not convincing because it does not give sufficient weight to the principle of party autonomy, it is inconsistent with the civil law tradition, it fails to give due regard to Canada’s strong commitment to promoting international trade, it conflicts with the rule of interpretation adopted by the Supreme Court in the Desputeaux case and it can lead to the violation of Canada’s international obligations.

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Published
2004-09-01
Section
Legal Commentary