George Vlavianos and Christopher Petrucci comment in Law360 on the international arbitration involving Japan Canada Oil Sands Ltd. (JACOS) and Toyo Engineering Canada Ltd. Bennett Jones is representing JACOS.
In an October 9 decision, the Court of Queen’s Bench of Alberta ordered the parties to combine their claims in the international proceeding initiated by JACOS, even without Toyo Japan's consent.
George and Chris told Law360:
The decision is significant given that the issue of consolidation without consent is "hotly debated" throughout various jurisdictions, with courts throughout North America and elsewhere taking varying stances on the issue.
They noted this is the second decision in Alberta to conclude that courts can consolidate proceedings without consent, though there have been other decisions in the province that have taken opposing views on the issue.