Interim remedies in support of arbitration in Canada
Produced in partnership with George Karayannides and Sean Frankland of Clyde & Co LLP
Practice notesInterim remedies in support of arbitration in Canada
Produced in partnership with George Karayannides and Sean Frankland of Clyde & Co LLP
Practice notesThe framework for international arbitration in Canada
Canada has adopted the 1985 United Nations Commission on International Trade Law (UNCITRAL) Model Law (the Model Law). Because Canada is a Federation, a different international arbitration statute applies at the federal level and in each province and Territory. These statutes either include the Model Law, for example, Ontario’s International Commercial arbitration Act, 2017, SO 2017, c 2, Sch 5 (the ‘International Commercial Arbitration Act 2017’) includes the Model Law as a Schedule, or import its principles. Federally, Canada has not yet adopted the 2006 revisions to the Model Law. Provincially, Ontario and British Columbia are currently the only provinces to have done so as seen respectively in the International Commercial Arbitration Act 2017, at Schedule 2 and the International Commercial Arbitration Act, RSBC 1996, c 233.
Interim measures from arbitral tribunals
Article 17 of the Model Law provides that unless the parties agree otherwise, the arbitral tribunal may order such interim measures of protection as it considers necessary,
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