Arbitration—Canada—Q&A guide

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • Arbitration—Canada—Q&A guide
  • 1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?
  • 2. Do bilateral investment treaties exist with other countries?
  • 3. What are the primary domestic sources of law relating to domestic and foreign arbitral proceedings, and recognition and enforcement of awards?
  • 4. Is your domestic arbitration law based on the UNCITRAL Model Law? What are the major differences between your domestic arbitration law and the UNCITRAL Model Law?
  • 5. What are the mandatory domestic arbitration law provisions on procedure from which parties may not deviate?
  • 6. Is there any rule in your domestic arbitration law that provides the arbitral tribunal with guidance as to which substantive law to apply to the merits of the dispute?
  • 7. What are the most prominent arbitral institutions situated in your jurisdiction?
  • 8. Are there any types of disputes that are not arbitrable?
  • 9. What formal and other requirements exist for an arbitration agreement?
  • More...

Arbitration—Canada—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to arbitration in Canada published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2021).

Authors: Singleton Urquhart Reynolds Vogel LLP—Bruce Reynolds ; Sharon Vogel; Nicholas Reynolds; Lauren Gruenberger

1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?

Yes, Canada is a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The New York Convention came into force in Canada on 10 August 1986.

In the enabling legislation, the United Nations Foreign Arbitral Awards Convention Act, R.S.C. 1985, c. 16 (2nd Supp.) (see https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-16-2nd-supp/latest/rsc-1985-c-16-2nd-supp.html), Canada declared pursuant to article I of the Convention that the Convention would apply only to differences arising out of commercial legal relationships, whether contractual or not.

Canada is also party to several other conventions, including the ICSID Convention and USMCA.

2. Do bilateral investment treaties exist with other countries?

Canada is party to over 50 bilateral investment treaties and other treaties with investment protection provisions.

3. What are the primary domestic

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