What is the test for a court to order a party to attend arbitration?

British Columbia, Canada

The following excerpt is from ABOP LLC v. Qtrade Canada Inc., 2006 BCSC 2025 (CanLII):

I agree with counsel for the respondent that as a general rule, where parties have committed themselves to arbitration as a chosen means of resolving their dispute in relation to the subject of their agreement, the court should give effect to that desire. The citation in support of that is Maher v. Chertkow, 2003 BCSC 48

Other Questions

What is the impact of a court order requiring a party to disclose their income before the date of the order is made? (British Columbia, Canada)
Can a court order special costs to punish a party for misconduct in the proceedings or to compensate the other party for misbehaviour? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
In what circumstances will the Supreme Court order that an order be made by the Court of Appeal be made in special circumstances? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
If a party can have challenged a foreign court’s procedural defects in that foreign proceeding, can that party collaterally attack the foreign procedural process before the Canadian court at the enforcement stage? (British Columbia, Canada)
Can a party before the court be ordered to provide authorizations for the delivery of documents by the US tax authorities? (British Columbia, Canada)
Is there any case law where a party who has not made full disclosure to a court has to prove to the court that there has been full disclosure? (British Columbia, Canada)
Does a finding of contempt based on a failure to obey a court order result in the application being subsumed into the contempt order? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.