Interim remedies in support of arbitration in Canada
Produced in partnership with George Karayannides and Daniel Zacks of Clyde & Co Canada LLP
Interim remedies in support of arbitration in Canada

The following Arbitration guidance note Produced in partnership with George Karayannides and Daniel Zacks of Clyde & Co Canada LLP provides comprehensive and up to date legal information covering:

  • Interim remedies in support of arbitration in Canada
  • The framework for international arbitration in Canada
  • Interim measures from arbitral tribunals
  • Interim measures from the courts
  • Practical considerations when choosing a forum for interim relief

The 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, the Ontario International Commercial Arbitration Act (ICAA) (RSO 1990, c I-9) 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, SO 2017, Chapter 2, at Schedule 2 (the International Commercial Arbitration Act 2017) 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, and that appropriate security may be provided in connection with that measure. All Canadian jurisdictions have given effect to article 17 in their international arbitration legislation, except Quebec.

Under Quebec's Code of Civil Procedure, the default rule is that only the court has authority to grant interim remedies, including judicial