Abstract:
The Court of Appeal has ruled that minority oppression claims are arbitrable, notwithstanding jurisdictional limits on the remedies that an arbitral tribunal may award, and the possibility of having to resolve such disputes across two fora – in arbitration and in court. However, is arbitration really suitable for resolving such disputes when: (a) there may be a public interest in such disputes; (b) the interests of parties who are not bound by the arbitration agreement may be affected; and (c) the remedy sought might be beyond the power of the tribunal to grant? These issues are explored in this case note.