Competing applications were brought concerning whether a contractual dispute arising from the termination of an agreement to design and build a diabetes registry should proceed by arbitration or litigation.
One party sought appointment of an arbitrator pursuant to the dispute resolution clause in the agreement, while the other sought to have the dispute determined through litigation in the Superior Court and consolidated with related defamation proceedings.
Before hearing the applications, the court proposed procedural options, and the parties agreed to proceed with litigation in the Superior Court under case management with an expedited trial schedule.
The applications were adjourned to a case conference to establish a litigation plan, and related defamation actions were transferred to the Commercial List for coordinated management.
