Case number: 66
Article number: model arbitration law / 8
Thessaurs issue:
Country of decision: Canada
Year of decision: 1989
Type of decision: Judicial decision

Case 66: MAL 8
Canada: Superior Court of Quebec (Moisan J.) 14 March 1989
Jean Charbonneau v. Les Industries A.C. Davie Inc. et. al.
Published in French: Recueil de Jurisprudence du Qu‚bec 1989, 1255

The plaintiff sued for damages caused by the delay in the delivery of a fishing boat, which one of the defendants was to
construct and the other, the Minister of Agriculture, to partly finance. The defendants sought a stay of proceedings pursuant to
s. 8 of the International Arbitration Arbitration Act (art. 8 MAL) on the ground that the construction contract contained an
arbitration clause.

The court found that under the arbitration agreement the Minister of Agriculture was to arbitrate any dispute arising between
the parties. It was held that the arbitration clause was inoperative on the ground that the Minister of Agriculture could not act
as an impartial arbitrator being a party to the contract. The court dismissed the defendant's application for a stay of the
proceedings.