Sean Frankland

This Practice Note sets out the how a party to arbitration may challenge the jurisdiction of an arbitrator or tribunal in Canada and the position in relation to anti-suit injunctions. It deals with the use of the 1985 UNCITRAL Model Law in Canadian law, and the amended version adopted in 2006, the position in relation to provincial, territorial and federal international arbitration legislation, judicial intervention and the process for making a challenge. It also covers the granting of anti-suit injunctions, the staying of proceedings in Canada, the courts’ approach and the duration, timing and costs of the procedure.

This Practice Note considers the enforcement of international arbitral awards in Canada. It sets out the framework for international arbitration at a federal, provincial and territorial level and the incorporation of the 1985 UNCITRAL Model Law and the New York Convention. It also details the process for the recognition and enforcement of foreign awards and the circumstances in which there may be a refusal to recognise an award or the award is set aside. Limitation periods for the enforcement of arbitral awards are also set out and considered.

This Practice Note considers interim measures that are available in Canada from arbitral tribunals and the courts. It details the incorporation of the 1985 UNCITRAL Model Law, and the amended 2006 version, into Canadian law, the International Commercial Arbitration Act 2017, civil court procedure, the courts’ approach and practical considerations when seeking interim relief.

This Practice Note discusses the background to state immunity in Canada, the legislative background, being the federal State Immunity Act RSC 1985, c. S-18 (SIA), the exceptions to the SIA, enforcement against a foreign state and the relationship between arbitration proceedings and state immunity.