RIGHT OF APPEAL OF ARBITRATION AWARD QUESTIONED

摘要

In Denison Mines Lt. v. Ontario Hydro, 2002, Jan. 18, CA/Ont. No. C35227, the issue before the Ontario Court of Appeal was whether Denison Mines Ltd. (hereafter Denison) had a right to appeal an arbitration decision made under certain contractual agreements with Ontario Hydo (hereafter, Hydo) that were alleged to preclude appeal. In December 1977, Denison and Hydro entered a Sale Agreement for the supply of uranium (hereafter the "Sale Agreement") Some years later, a dispute arose between Denison and Hydro over invoicing and allegedly unpaid amounts by Hydo for uranium shipments. Denison alleged breach of the Sale Agreement and claimed that Hydro had failed to pay 12.5 million Canada dollars due under certain invoices. Denison filed a Notice of Arbitration under the Sale Agreement for this claim. Hydro admitted the validity of the invoices, but claimed a right of set-off for the entire amount and alleged a conspiracy between Denison and the Toronto Dominion Bank (hereafter, "TD") arising from a related tri-partite financing arrangement between Denison, Hydro and TD. Hydro commenced an action in the Ontario Court of Justice (General Division) against Denison and TD in respect of its claims. After the Hydro action was commenced, all three parties agreed to arbitrate the dispute. They entered a written arbitration agreement dated September 2, 1992 (the "Arbitration Agreement") staying Hydro's action and providing the terms for the arbitration.