Court Consolidates Arbitration Proceedings Without Consent Of Parties

Introduction

The Court of Queen's Bench of Alberta recently ordered the consolidation of arbitration proceedings without the consent of all parties. In Japan Canada Oil Sands Limited v Toyo Engineering Canada Ltd, 2018 ABQB 844, Madam Justice Romaine considered whether to consolidate or stay either of two arbitrations, one domestic and the other international, related to the redevelopment and expansion of an oil sands project. In finding that the Court has jurisdiction to consolidate arbitration proceedings on terms it considers just, Madam Justice Romaine made a distinction between the consent to arbitrate and procedural issues that arise from that consent. Further, it is now clear that Alberta's international arbitration statute, the International Commercial Arbitration Act, RSA 2000, c I-5 (the "ICAA"), provides jurisdiction for a court to consolidate proceedings in the absence of consent from the parties.