On June 30, 2004, Justice Brenda Brown of the British Columbia Supreme Court delivered reasons in proceedings brought by Powerex Corp. against Alcan Inc. to enforce a US$100 million international arbitration award that had been granted to Powerex by an arbitrator in Oregon. Justice Brown held that the enforcement of the award in British Columbia would be adjourned pending the outcome of an appeal of the award pending before the US 9th Circuit Court of Appeals. Justice Brown also ordered that, as a condition of the adjournment, Alcan should pay the full amount of the award and interest into the trust account of Powerex’s counsel, which may release the funds to Powerex upon Powerex posting acceptable security for their repayment in the event that Alcan succeeds on its US appeal. Noting that Alcan’s arguments for setting aside the award had already been rejected by a magistrate and a judge of the United States District Court, Justice Brown found that “it cannot be said that Alcan’s appeal has more than a chance of success.” Powerex has publicly stated that it is very pleased with Judge Brown’s order. Alcan’s application for leave to appeal the security arrangement ordered by Justice Brown was heard by Justice Kenneth Smith of the BC Court of Appeal on September 7. Judgment has been reserved.
Powerex was represented in the Supreme Court and Court of Appeal by Gerald Ghikas, Q.C., and Robert Deane of Borden Ladner Gervais in Vancouver.
Alcan was represented by Simon Margolis and Craig Jones of Bull, Housser & Tupper.