The respondent commenced an action in Georgia, which was stayed on consent due to an arbitration clause specifying the Arbitration Act (Ontario).
The respondent then applied to the Ontario Superior Court of Justice to appoint an arbitrator.
The appellant argued the Georgia court had jurisdiction.
The Court of Appeal dismissed the appeal, holding that the Ontario court had jurisdiction under sections 9 and 10 of the Arbitration Act, as agreed by the parties.
The order was varied to name a specific arbitrator.
