CANADA 38

26 - 10 - 2017

CANADA 38

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIII (2018)
Jurisdiction Canada
Summary

Canada No. 38. Parrish & Heimbecker Ltd. v. Dale Bukurak, Court of Queen’s Bench for Saskatchewan, Docket QBG 1070 of 2017, 26 October 2017

Related topics
101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
107

The court discusses the relevance and determination of the commercial nature of the relationship underlying the award, including in the context of contractual and non-contractual relations.

Second reservation ("commercial reservation") (paragraph 3)
402

The court discusses how to determine whether the document supplied is an award capable of being recognized and enforced, including whether the award is duly authenticated, and whether a copy is duly certified; whether a prior interim and/or partial award should be supplied together with the final award.

Original or copy arbitral award
403

The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.

Original or copy arbitration agreement
503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

Burden of proof on respondent
CANADA 38