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ARTICLE · 13 APRIL 2022

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Federal Court Confirms There's No Easy Escape From An Arbitration Clause

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Highlighting the importance of arbitration clauses in commercial agreements and the courts' systematic referral of disputes to arbitration, Justice Fothergill recently stayed a copyright and trademark infringement action in favour of arbitration in Bermuda.

CanadaLitigation, Mediation & Arbitration
Mark Davis
Mark Davis
Sebastian D. Beck-Watt
Sebastian D. Beck-Watt
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Highlighting the importance of arbitration clauses in commercial agreements and the courts' systematic referral of disputes to arbitration, Justice Fothergill recently stayed a copyright and trademark infringement action in favour of arbitration in Bermuda. In General Entertainment and Music Inc. v. Gold Line Telemanagement Inc., 2022 FC 418, the Court found that parties face a high bar to escape an arbitration clause.

The defendants (collectively, Gold Line) had a Content Acquisition and Licensing Agreement with "General Entertainment Media" that included an arbitration clause. General Entertainment and Music Inc. (GEM Inc.), based in Canada, broadcasts Farsi-language television programming. Gold Line, based in Bermuda, provides IPTV streaming services.

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