Case number: 11
Article number: model arbitration law / 8; 9
Thessaurs issue:
Country of decision: Canada
Year of decision: 1988
Type of decision: Judicial decision

Case 11: MAL 8; 9
Canada: Federal Court of Canada, Trial Division (Pinard, J.) 19 February 1988
Relais Nordik v. Secunda Marine Services Limited
Published in English and French: 24 Federal Trial Reporter, 256

A mandatory interim injunction requiring compliance with the terms of a charter party is not an interim measure within the
scope of article 9 MAL.

Relais Nordik applied pursuant to article 9 of the Model Law which is enacted by the Commercial Arbitration Act , Revised
Statutes of Canada, 1985, c.C-34.6 for a mandatory interim injunction to force Secunda Marine to comply with the terms of a
charter-party signed by both parties.

The Court dismissed the application for an injunction on the grounds that the applicant had not made out a strong prima facie
case for an injunction. As well, damages would compensate any loss suffered by the applicant. Moreover, the court held that
the remedy sought was not an interim measure within article 9 MAL. The applicant was seen as attempting to have the court
rather than the arbitrators resolve the substance of the dispute, notwithstanding the respondent's objection pursuant to article 8
MAL.