Case Overview

• Teine Energy Ltd. (Teine) sought to enforce an arbitration award against Inter Pipeline Ltd. (IPL) relating to compensation for crude quality changes under a 2014 Pipeline Connection Agreement (PCA).
• The arbitral tribunal ruled in Teine’s favor. IPL contested the award, alleging legal errors and unfairness, seeking a stay and to set aside the award.

Key Legal Issues and Rulings

1. Enforcement vs. Stay:

   • Teine argued for Alberta’s tripartite test for stays (serious issue, irreparable harm, balance of convenience).
   • IPL favored a modified Ontario test that excludes irreparable harm.
   • The court applied Alberta’s tripartite test, finding no irreparable harm to IPL, which could access financial resources to manage the award. The balance of convenience favored Teine, allowing enforcement.

2. Sealing Order:

   • IPL sought to seal the entire arbitration record, citing confidentiality of proprietary and third-party information.
   • Teine agreed to protect third-party confidentiality but opposed full sealing.
   • The court granted a limited sealing order, protecting only third-party confidential data. A redacted version of the arbitration record would be publicly accessible.

Outcome

• The court denied IPL’s stay application, allowing Teine to enforce the award.
• A sealing order was granted but limited to protecting third-party confidential information, with redacted records available for public scrutiny.
• The exact amount for onetary award remains unspecified