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  • Court of Appeal Consolidates Autonomy of Québec Civil Law and Gives Priority to the Stability and Efficiency of CCAA Restructuring Processes Over Arbitration

Court of Appeal Consolidates Autonomy of Québec Civil Law and Gives Priority to the Stability and Efficiency of CCAA Restructuring Processes Over Arbitration

Luc Béliveau, Nicolas Mancini and Virginie Lavigne of Fasken share that the Québec Court of Appeal upheld a ruling to maintain a CCAA stay, rejecting former minority shareholders' attempt to assert rights to tax refunds via a New York law-based constructive trust and arbitration clause.