Canadian Supreme Court upholds insolvency court's power to find arbitration clauses inoperative

Canadian Supreme Court upholds insolvency court's power to find arbitration clauses inoperative

Canadian insolvency legislation empowers courts to consider arbitration clauses inoperative if enforcing them would compromise a receivership and hurt creditors, the country's top court has said, in a case that would otherwise have required EY as receiver to use funds from an insolvent contractor’s estate to pursue at least four arbitrations with seven different sets of parties.

Unlock unlimited access to all Global Restructuring Review content