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    ARTICLE

    Québec Court Enforces Ex Parte Award Stemming from Email Notice

    Daniel Urbas

    Mar 22, 2021

    1 min read

    Alternative Dispute Resolution Arbitration International Dispute Resolution Practice Points

    Summary

    • Justice Michel A. Pinsonnault in Centre Sheraton v. Canadian League of Gamers Inc. homologated a final ex parte arbitration award against non-participating defendants, showcasing arbitration's advantages like reduced formalities, shorter timelines, and enforceability.
    • The arbitration process, from notice to award confirmation, took just over eight months, administered by the Canadian Commercial Arbitration Centre and confirmed under Québec’s Code of Civil Procedure articles 645 and 646 C.C.P.
    • Justice Pinsonnault’s decision emphasized that a party’s non-participation does not prevent the resolution of the arbitration, and the Superior Court supports valid ex parte arbitration awards if proper procedures are followed.
    Québec Court Enforces Ex Parte Award Stemming from Email Notice
    South_agency via Getty Images

    After hearings on November 16, 2021, the House of Representatives Judiciary Committee is undertaking a “mark-up” of H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The Judiciary Committee will consider amendments to the proposed legislation at the mark-up.

    Chairman Jerrold Nadler (D-NY) of the Judiciary Committee has proposed an amendment to the bill in the nature of a substitute, addressing the role of class representatives as well as the person alleging harassment or assault. The proposed substitute legislation would, at the election of (1) the person alleging conduct constituting a sexual harassment dispute or sexual assault dispute or (2) the named representative of a class or in a collective action alleging such conduct, prohibit validity or enforcement of any pre-dispute arbitration agreement or pre-dispute joint-action waiver with respect to a case “which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute.” The terms “sexual assault dispute,” “sexual harassment dispute,” “pre-dispute arbitration agreement,” and “pre-dispute joint-action waiver” are defined in detail in the bill.

    The original House bill (HR 4445) was co-sponsored by five Republican members among 18 co-sponsors. The companion Senate bill (S 2342) was co-sponsored by six Republican Senators among 17 co-sponsors.

    Among the current crop of bills providing for restrictions on pre-dispute arbitration agreements, this legislation has attracted the most support from across the aisles and appears to have a fair chance of passing both chambers and then being signed by President Biden. 

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