What is the legal test for declining to enforce a forum selection clause in an arbitration agreement?
Canada (Federal), Canada
The following excerpt is from Uber Technologies Inc. v. Heller, 2020 SCC 16 (CanLII):
One major distinction relates to the fact that the discretion not to enforce a forum selection clause comes from the common law: see Z.I. Pompey Industrie v. ECU‑Line N.V., 2003 SCC 27, [2003] 1 S.C.R. 450. By contrast, a court’s power to decline to enforce an arbitration agreement is circumscribed by the exhaustive list in s. 7(2) of the Arbitration Act. The designation of a foreign place of arbitration is not one of the enumerated grounds for declining a stay.
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