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Lack of Time Limit Results in Filing of Arbitration Notice 5 Years After Dispute Arose

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A municipality was served with a notice of arbitration disputing the valuation of expropriated land 5 years after the expropriation, because there was no time limit on the ability to file a notice. Parties may wish to consider any time limitations applicable both during and after the termination of the contract.

The City of Woodstock Ontario expropriated land in 2002, was served with a notice of arbitration challenging the valuation of the land expropriated in 2007, and paid a settlement in the matter in 2014. Because of the delays, the interest charges on the increased value exceeded the original valuation. The applicable legislation had no time limit on filing a notice of arbitration.

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Take away:

  • Arbitration agreements should specify clear time limits on the service of a notice of arbitration.

 

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This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk. Clausehound.com is a legal tool geared towards entrepreneurs, early-stage businesses and small businesses alike to help draft legal documents to make businesses more productive. Clausehound offers a $10 per month DIY Legal Library which hosts tens of thousands of legal clauses, contracts, articles, lawyer commentaries and instructional videos. Find Clausehound.com where you see this logo.

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Court May Stay Proceedings in Favour of Arbitration Where Binding Arbitration Clause Covers Dispute and Parties Have Given Notice of Arbitration

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A court may stay proceedings brought against a contractor to repay wages paid by the counterparty to subcontractors in accordance with employment legislation, even when the amount payable is not in dispute, if the payments were “inextricably interwoven with the dispute”. If both parties have given notice of arbitration (under separate contracts) it may tip the balance in favour of a stay of court proceedings.

This article discusses a decision of the Hong Kong High Court, which in a departure from other precedents, granted a stay of proceedings in a claim for payments made to subcontractors under the Employment Ordinance. The parties were involved in two different projects. The parties agreed that the plaintiff would make direct payments to the employees of the defendant. The defendant served notice of arbitration under one agreement, and the plaintiff served notice of arbitration under the other. In the meantime, the plaintiff initiated a suit for repayment of the amounts paid under the Employment Ordinance. The court held that the issues were inextricably bound together, and the fact that both parties had served notice of arbitration, and had been in discussions about the selection of an arbitrator, militated against permitting the action to proceed.

The author opined that this decision was not consistent with previous decisions, and that the court could have dealt with the wages issue separately from the issues subject to the arbitration.

Read the article here.

Take away:

  • If litigation has commenced but both parties have also given notice of arbitration, it is likely a court will grant a stay of proceedings in favour of arbitration.

 

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This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk. Clausehound.com is a legal tool geared towards entrepreneurs, early-stage businesses and small businesses alike to help draft legal documents to make businesses more productive. Clausehound offers a $10 per month DIY Legal Library which hosts tens of thousands of legal clauses, contracts, articles, lawyer commentaries and instructional videos. Find Clausehound.com where you see this logo.

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Notice of Arbitration to Government of India Indicates Transparency Issues

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The delay of the Government of India in setting prices for natural gas has prompted the contractor group of the D6 block to serve a notice of arbitration over the issue. Commentators see the move as symptomatic of a need for greater transparency in governmental decision making.

RIL, BP, and Niko Resources (a Canadian company) issued a notice of arbitration to the Government of India because of a delay on the part of the government to set gas prices in accordance with the formula approved under the governing contract. The corporations have stated that the continuing failure to set the prices has damaged their balance sheets, and has not been conducive to further exploration. The author opines that this particular notice of arbitration is an illustration of a larger need for the Government of India to improve corporate governance and implement measures which enhance the transparency of decision making by authorities.

Read the article here.

Take away:

  • The need to serve a notice of arbitration on the Government of India may indicate transparency issues in the Indian economy.

 

–  –  –

This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk. Clausehound.com is a legal tool geared towards entrepreneurs, early-stage businesses and small businesses alike to help draft legal documents to make businesses more productive. Clausehound offers a $10 per month DIY Legal Library which hosts tens of thousands of legal clauses, contracts, articles, lawyer commentaries and instructional videos. Find Clausehound.com where you see this logo.

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