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ARTICLE · 16 NOVEMBER 2023

Federal Court Determines Criteria For Court To Appoint Arbitrator

Osler, Hoskin & Harcourt LLP
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Export Development Canada (EDC) issued an insurance policy (the Policy) to Suncor Energy Canada Inc.

CanadaLitigation, Mediation & Arbitration
Olivia Dixon
Olivia Dixon
Stephanie Clark
Stephanie Clark
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In Export Development Canada v. Suncor Energy Inc.,1 the Federal Court of Canada set out for the first time the criteria to be used by the Court when asked by parties to appoint an arbitrator under federal arbitration legislation that incorporates the UNCITRAL Model Law.

Background

Export Development Canada (EDC) issued an insurance policy (the Policy) to Suncor Energy Canada Inc. (Suncor). In 2015, the parties were involved in an arbitration relating to an insurance claim under the Policy arising from political unrest in Libya, in which an arbitrator had awarded Suncor $347 million.

In 2022, EDC commenced a second arbitration against Suncor seeking to recover repayment of the $347 million, alleging that the Libyan assets that had been subject to the previous arbitration continue to have significant value.

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