CANADA 29 C

Court of Appeal for Ontario, 22 February 2010

(Donaldson International Livestock Ltd. v. Znamensky Selekcionno-Gibridny Center LLC, et al.)

22 - 02 - 2010

CANADA 29 C

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXV (2010)
Jurisdiction Canada
Summary

See also Court of Appeal for Ontario, 23 December 2008 (Donaldson International Livestock Ltd. v. Znamensky Selekcionno-Gibridny Center LLC, et al.) CANADA 29 A

and

Superior Court of Justice, Ontario, 29 September 2009 (Donaldson International Livestock Ltd. v. Znamensky Selekcionno-Gibridny Center LLC, et al.) CANADA 29 B

Related topics
201

The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.

Scope of arbitration agreement
217

The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

Referral to arbitration in general
220

The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

"Null and void", etc.
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
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 29 C