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  • 2017 finds Ontario with new law on international commercial arbitration, explicitly adopting the New York Convention

2017 finds Ontario with new law on international commercial arbitration, explicitly adopting the New York Convention

2017 finds Ontario with new law on international commercial arbitration, explicitly adopting the New York Convention

In March 2017, Ontario adopted a new law on international commercial arbitration (International Commercial Arbitration Act, 2017, SO 2017, c 2) repealing its 1990 version (International Commercial Arbitration Act, RSO 1990, I.9).

The new law explicitly adopts the New York Convention in and appends it as a schedule. The specific text of the new law is the following:

“PART I

THE CONVENTION

Interpretation

1 Except as otherwise provided in this Act, words and expressions used in this Part have the same meaning as the corresponding words and expressions in the Convention.

Application of Convention

2 (1) Subject to this Act, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, adopted by the United Nations Conference on International Commercial Arbitration in New York on 10 June 1958 and set out in Schedule 1, has force of law in Ontario in relation to arbitral awards or arbitration agreements in respect of differences arising out of commercial legal relationships.

Same

(2) Subsection (1) applies to arbitral awards and arbitration agreements whether made before or after the coming into force of this Act.

Determining application

(3) In determining whether the Convention applies to certain types of arbitral awards,

(a) an arbitral award made in a jurisdiction within Canada that is considered to be international in that jurisdiction is not considered to be a domestic award for the purpose of article I (1) of the Convention; and

(b) an arbitral award made in a jurisdiction within Canada that is not considered to be international in that jurisdiction is considered to be a domestic award for the purpose of article I (1) of the Convention.

Designation of court

3 For the purpose of seeking recognition and enforcement of an arbitral award pursuant to the Convention, application shall be made to the Superior Court of Justice.”

Source: https://www.ontario.ca/laws/statute/17i02b; https://www.ontario.ca/laws/statute/90i09

 

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