Is an arbitration clause in an individual or collective contract enforceable?
Manitoba, Canada
The following excerpt is from Campbell v. East-West Packers (1969) Ltd., 1982 CanLII 2880 (MB CA):
The cases referred to in Halsbury and other cases amply support the propositions set out. I do not know of anything in the law of Manitoba that changes the principle that an arbitration agreement, whether in an individual or a collective contract, does not oust the jurisdiction of the court and is never a bar to an action for breach. There is in the collective agreement in question here no hint or trace of a Scott v. Avery clause.
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