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Superior Court (Commercial Division), Province of Quebec, District of Montreal, 10 March 2020, No. 500-11-056231-190

(Metso Minerals Canada Inc. and Metso Minerals Industries Inc. v. ArcelorMittal Exploitation Minière Canada et al.)

10 - 03 - 2020

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Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVI (2021)
Jurisdiction Canada
Original full text Full text decision Canada 42
Excerpt Excerpt decision Canada 42
Summary

The Court granted recognition of an ICC award rendered in the United States. The issue before the Court was whether the fact that ArcelorMittal had satisfied the monetary order of the award made Metso’s application for recognition theoretical and should lead to a refusal. The Court answered this question in the negative and granted an order recognizing the Award. The Court discussed in depth the distinction between “recognition” and “enforcement” of an award.
Related topics
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
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