Originally from International Arbitration Court Decisions - 3rd Edition

CANADA

JUDGMENT OF THE COURT OF APPEAL OF ALBERTA RENDERED ON 18 JANUARY, 2006 IN CASE 2006 ABCA 18

“The Jardine Case”
Leave to appeal before the Supreme Court of Canada denied on 1 June 2006

Subject Matter:
Whether the assistance that an arbitral tribunal may request from a court in taking evidence, pursuant to Article 27 of the UNCITRAL Model Law on International Commercial Arbitration, as implemented in Alberta, can include compelling the pre-hearing oral examination for discovery of third party witnesses.

Findings:
The term “assistance in taking evidence” in Article 27, when interpreted according to its ordinary meaning in the context and light of the objects and purposes of the Model Law, is not limited to the taking of evidence at the arbitration hearing. The ordinary and plain meaning of the term “evidence” includes all evidence, whether pre-hearing or at the hearing itself.

Parties:
Appellants: SJO Catlin & Others Syndicate Nos. 1003 and 2003 Lloyd’s of London, et al.
Respondents: Jardine Lloyd Thomson Canada Inc. et al
Place of Court Proceedings:
Alberta, Canada

Applicable Law:
Alberta Law

Place of Arbitral Proceedings:
Calgary, Alberta