This case will be of interest to members of the arbitration bar. Ontario's Arbitration Act, 1991, says that an objection must be made "no later than the beginning of the hearing" (s. 17(3)). But does that mean the respondent to an arbitration can engage in the arbitral process for over a year, including by delivering a counterclaim that they refer to the same arbitral tribunal, and then object to jurisdiction one week before the hearing is scheduled to commence? This decision confirms that if a respondent, by their words or conduct, agreed to refer matters in dispute to the arbitratral tribunal, they cannot later object to the tribunal's jurisdiction, as they will be held to have waived any jurisdiction objection they could raise. #arbitration #litigation #jurisdiction
Matthew Gottlieb and Andrew Winton were successful in obtaining the dismissal of an application to determine whether an arbitrator erred in finding he had jurisdiction over relief claimed by LOLG’s clients. Read more: https://bit.ly/3SMVt5r