Supreme Court of Canada Decision a Wake-Up Call for Tardy Victors in International Arbitration Proceedings

(McCarthy Tétrault – Orlando E. Silva)

Arbitration as an option for dispute resolution in international commercial transactions presents a unique set of issues that are often not given the attention and due care they deserve. The primary attraction of international arbitration is that an award rendered pursuant to a valid arbitration clause has virtual finality and international currency in terms of enforcement. It will therefore not be subject to appeal as are court judgments. The intention is that the parties will be able to enforce an arbitration award with minimal court intervention….

[Based on a recent Supreme Court decision,] “… Successful arbitration parties with awards in hand, wishing to enforce an award in a given province, should take careful note of the provincial legislation that applies to international commercial arbitration awards and any provincial limitation period legislation that may be applicable when the award is presented to the court for recognition and enforcement.”

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