Courts vs. Private Arbitration: Arbitrators Can Decide Who Has Jurisdiction

The relationship between the Courts and private arbitration is complicated. The growing popularity of arbitration means that establishing judicial principles regarding the interplay of these two forms of dispute resolution is more important than ever. In Husky Oil Operations Limited v Husky Oil Canada Inc,2017 ABQB 489 ("Husky Oil"), the Court of Queen's Bench heard an application seeking the stay of an arbitration when parallel litigation and arbitration proceedings were taking place. Ultimately, Madam Justice K. Horner dismissed the application and referred the applicant's arguments against proceeding with the arbitration to the arbitrator.