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Two roads to obtaining injunctive relief

Thursday, October 27, 2016 @ 8:00 PM | By Ben Hanuka

In Canadian domestic commercial arbitration, there are two typical aspects to the application of injunction remedies. The first relates to carving injunction remedies out of an arbitration agreement and reserving them for court proceedings. The second relates to the power of an arbitral tribunal to make an award for injunctive relief.

It is common in some types of arbitration agreements to exclude interlocutory injunction remedies and leave them to the jurisdiction of the court. Sometimes, the exclusion is discretionary at the election of one or both...