Conduct After An Arbitration Award May Nullify That Award

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A party to a contract may terminate the cntract and then start an arbitration to confirm the validity of the termination. If the arbitral tribunal grants such a declaration, then that party better watch out that it doesn't continue to treat the contract as still continuing. If it does, it may waive the termination, and the arbitration will be for naught. So held the Saskatchewan Court of Queen's Bench.

Clearly this decision is of considerable importance in construction projects, franchise agreements or in other ongoing contractual relationships.

arbitration - enforcement - waiver - challenging arbitral award - recognising foreigh award

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Thomas Heintzman
Arbitration Place

Thomas G. Heintzman specializes in arbitration and mediation at Arbitration Place in Toronto. His... View Profile »


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