N.L. – court tests UNCITRAL Model Law as substitute for court review of award – #003

The Newfoundland and Labrador Supreme Court, Trial Division, provided a precedent-setting analysis of arbitration parties’ ability to contract out of legislated court review of a commercial arbitration award.  At the same time, Mr. Justice Robert P. Stack in his August 30, 2017 reasoning in Newfoundland and Labrador v. ExxonMobil Canada Properties, 2017 CanLII 56724, also tested the UNCITRAL Model Law on International Commercial Arbitrations, 1985, U.N. Doc. A/40/17 (1985, Ann. I) (“UNCITRAL Model Law”) as a substitute for that review.  Continue reading “N.L. – court tests UNCITRAL Model Law as substitute for court review of award – #003”

Ontario – court finds breach of UNCITRAL Model Law but upholds arbitral decision – #002

In a brief October 5, 2017 decision, the Ontario Superior Court in Epicor Software Corp. v. RB Packing & Seals Inc., 2017 ONSC 5959 (“Epicor”)  exercised its discretion to decline relief under article 34(2)(a)(ii) of the UNCITRAL Model Law on International Commercial Arbitration (1985) (“UNCITRAL Model Law”) despite finding that the applicant had met the grounds set out in that article.    Continue reading “Ontario – court finds breach of UNCITRAL Model Law but upholds arbitral decision – #002”

Québec – court decision illustrates strength of arbitration in Québec – #001

The Québec Superior Court issued a July 18, 2017 decision in Greenkey Ltd. v. Trovac Industries Ltd., 2017 QCCS 3270 reasserting Québec’s courts’ full support of arbitration. The decision granted a motion to homologate the final award and a dismissed a motion to annul the award resulting from an arbitration conducted pursuant to the Canadian Commercial Arbitration Centre (“CCAC”) rules. Continue reading “Québec – court decision illustrates strength of arbitration in Québec – #001”