Is A Third Party Obliged To Bring Its Claim Under An Arbitration Agreement?

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A recurring issue in arbitration law is whether a third party is bound to assert his or her claims by way of arbitration, even though the third party is not a party to the arbitration agreement. The Alberta Court of Appeal recently held that, where a limited partnership was a party to an agreement containing an arbitration clause, the owner of the limited partnership was obliged to arbitrate any disputes arising under the agreement.

On its face, this is a relatively straightforward decision, but it does however raise a number of issues.

arbitration, stay of court proceedings, third parties

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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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