Court Jurisdiction Compatible with Mandatory Arbitration

In Pietrasz v. Eminata Group the BC Supreme Court rejected a dismissed employee’s claim that a clause giving the court exclusive jurisdiction over any disputes arising from the employment contract eliminated the requirement that all disputes arising out of the contract must be resolved by arbitration. The court said the employee’s interpretation was a possible, but not the most probable or reasonable one. It concluded that the general jurisdiction clause “embraces” the specific arbitration clause.

(The decision also deals with whether arbitrators can award punitive damages. See the separate post on that point.)

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