CANADA 26 A

Court of Queen’s Bench, Alberta, Calgary Registry, 26 September 2007

(Bad Ass Coffee Company of Hawaii Inc. v. Bad Ass Enterprises Inc., et al.)

26 - 09 - 2007

CANADA 26 A

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIV (2009)
Jurisdiction Canada
Summary

See also Court of Queen’s Bench, Alberta, Calgary Registry, 2 July 2008 (Bad Ass Coffee Company of Hawaii Inc. v. Bad Ass Enterprises Inc., et al.) CANADA 26 B

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
303

The court discusses the conditions under which a party may be estopped from raising a ground for refusal of enforcement under the Convention or has waived the right to raise it.

Estoppel/waiver
512 Ground c: Excess by arbitrator of his authority - Excess of authority
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
524

Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

Other cases
CANADA 26 A