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CANADA
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Jurisdiction | Preamble | Scope of Application S. 1(5) |
Model Law | None | This law shall not affect any other law of this State by virtue which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Law. |
Canada | None | The Act is not limited to international arbitrations, therefore the word “international” is eliminated from Article 1(1) of the Model Law. “Commercial Arbitration” includes a claim under Article 1116 of 1117 of the NAFTA Agreement, s5(4) |
Alberta | None | Model Law applies to international arbitration agreements and awards whether made before or after the coming into force of the Act. |
British Columbia | Preamble recognises need for change from previous inhospitable legal environment for international commercial arbitration based upon UNCITRAL Model Law. | For the purposes of determining whether an arbitration is international the provinces and territories of Canada shall be considered one State. s1(5). “Commercial” defined by not exhaustively. s1(6). |
Manitoba | None | No change from the Model Law. Adds that it applies to international commercial arbitration agreements and awards made before or after the coming into force of the Act. |
New Brunswick | None | No change from the Model Law. Adds that it applies to international commercial arbitration agreements and awards made before or after the coming into force of the Act. |
Nova Scotia | None | No change from the Model Law. Adds that it applies to international commercial arbitration agreements and awards whether made before or after 10 August 1986. |
Ontario | None | Article 1(1) of the Model Law “agreements in force between this State and any other State or States” means an agreement between Canada and any other country or countries that is in force in Ontario. In Article 1(2) and (5) of the Model Law “this State” means Ontario. In Article 1(3) “different States” means different countries, and “these States” means the country. s.1(7). |
Prince Edward Island | None | Applies to international agreement and awards whether made before or after the coming into force of the Act. |
Quebec | None | Where matters of extraprovincial or international trade are at issue in an arbitration, the interpretation of the enactment where applicable, shall take into consideration the Model Law and the report and commentary of UNCITRAL, June 1985, Art. 940.6. |
Saskatchewan | None | This law shall not affect any other law of this State by virtue which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Law. |
Newfoundland | None | Model law applies to international commercial arbitration agreements and awards whether made before or after February 1988. |
Northwest Territories | None | Model Law applies to international commercial arbitration agreements and awards whether made on or before 10 August 1986. |
Yukon Territory | None | This law shall not affect any other law of this State by virtue which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Law. |
Jurisdiction | Scope of Application S. 1(3) | Extent of Court Intervention |
Model Law | An arbitration is international if: (c) the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country. | Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law. |
Canada | The act applies only in relation to matters where at least one of the parties to the arbitration is Her Majesty in Right of Canada, a departmental corporation, a Crown corporation, or in relation to maritime or admiralty matters. S 5(2) Applies to arbitral awards and arbitration agreements whether made before or after the coming into force of this Act. S5(3). | Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law. |
Alberta | None | Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law. |
British Columbia | None | Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law, also: no arbitration proceedings shall be questioned by a proceeding under the Judicial Review Procedure Act or otherwise except to the extent provided in this Act. S5(a) & (b). |
Manitoba | None | Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law. |
News Brunswick | None | Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law. |
Nova Scotia | None | Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law. |
Ontario | An arbitration conducted in Ontario between parties that all have their places of business in Ontario is not international only because the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country. | Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law. |
Prince Edward Island | None | Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law. |
Quebec | None | Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law. |
Saskatchewan | None | Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law. |
Newfoundland | None | Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law. |
Northwest Territories | None | Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law. |
Yukon Territory | None | Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law. |
Jurisdiction | Aids to Interpretation |
Model Law | No provision. |
Canada | Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s4. |
Alberta | Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s12(2). |
British Columbia | In construing a provision of this Act, a Court or Arbitral Tribunal may refer to the UNCITRAL document and its working group respecting the preparation of the Model Law and shall give those documents the weight that is appropriate in the circumstances. s6. |
Manitoba | Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s12(2). |
New Brunswick | Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s12(2). |
Nova Scotia | Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s13. |
Ontario | Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s13. |
Prince Edward Island | Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s12. |
Quebec | Where matters of extra
provincial or international trade are at issue in an arbitration, the
interpretation of this Title, where applicable, shall take into
consideration: (1) the Model Law on International Commercial Arbitration as adopted by the United Nationals Commission on International Trade Law on 21 June 1985; (2) the Report of the United Nations on International Trade Law on the work of its 18th Session in Vienna from the 3rd to 21st day of June 1985; (3) the Analytical Commentary on the draft text of a model law on international commercial arbitration contained the Report of the Secretary-General to the 18th Session of the United Nations Commission on International Trade Law. Art. 940.6. |
Saskatchewan | Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s11. |
Newfoundland | Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s13. |
Northwest Territories | Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s2. |
Yukon Territory | Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s10. |
Jurisdiction | Stay of Legal Proceedings |
Model Law | 8(1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration unless if finds that the agreement is null and void, inoperative or incapable of being performed. (2)Where an action referred to in paragraph (1) of this article has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the court. |
Canada | 8(1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration unless if finds that the agreement is null and void, inoperative or incapable of being performed. (2)Where an action referred to in paragraph (1) of this article has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the court. |
Alberta | Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s10. |
British Columbia | Generally the same as Model Law, plus: before or after entering an appearance and before delivery of any pleadings or taking any other steps in the proceeding a party may apply to stay the proceedings. s8(1). |
Manitoba | Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s10. |
New Brunswick | Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s10. |
Nova Scotia | Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s11. |
Ontario | Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s8. |
Prince Edward Island | Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s10. |
Quebec | Where an arbitration is brought regarding a dispute in a matter on which the parties have an arbitration agreement, the court shall refer them to arbitration on the application of either of them unless the case has been inscribed on the roll or the court finds the agreement to be null 940.1 |
Saskatchewan | Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s9. |
Newfoundland | Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s11. |
Northwest Territories | Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s11. |
Yukon Territory | 8(1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration unless if finds that the agreement is null and void, inoperative or incapable of being performed. (2) Where an action referred to in paragraph (1) of this article has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the court. |
Jurisdiction | Nationality of Arbitrators |
Model Law | 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. |
Canada | 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. |
Alberta | 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. |
British Columbia | A person of any nationality may be an arbitrator. s11(1). Unless the parties have previously agreed to the appointment of a sole or third arbitrator who is of the same nationality as any of the parties, the Chief Justice shall not appoint a sole or third arbitrator who is of the same nationality as that of any of the parties. s11(9). |
Manitoba | 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. |
New Brunswick | 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. |
Nova Scotia | 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. |
Ontario | 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. |
Prince Edward Island | 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. |
Quebec | No specific Provision |
Saskatchewan | 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. |
Newfoundland | 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. |
Northwest Territories | 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. |
Yukon Territory | 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. |
Jurisdiction | Appointment of Arbitrators |
Model Law | 11 2)The parties are free to
agree on a procedure of appointing the arbitrator or arbitrators subject
to the provisions of paragraphs (4) and (5) of this article. (3) Failing such agreement
(4) Where, under an appointment procedure agreed upon by the parties:
(5) A decision on a matter entrusted by paragraph (3) or (4) of this article to the court or other authority specified in article 6 shall be subject to no appeal. The court or other authority, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties. |
Canada | Same as Model Law. |
Alberta | Same as Model Law. |
British Columbia | 11(2) Subject to subsections (6)
and (7), the parties are free to agree on a procedure for appointing the
arbitral tribunal. (3) Failing any agreement referred to in subsection (2), in an arbitration with 3 arbitrators, each party shall appoint one arbitrator, and the 2 appointed arbitrators shall appoint the third arbitrator. (4)If the appointment procedure in subsection (3) applies and
(5) Failing any agreement referred to in
subsection (2), in an arbitration with a sole arbitrator, if the parties
fail to agree on the arbitrator, the appointment shall be made, upon
request of a party, by the Chief Justice.
(7) A decision on a matter entrusted by subsection (4), (5) or (6) to the Chief Justice is final and is not subject to appeal. |
Manitoba | Same as Model Law. |
New Brunswick | Same as Model Law. |
Nova Scotia | Same as Model Law. |
Ontario | Same as Model Law. |
Prince Edward Island | Same as Model Law. |
Quebec | If the procedure of appointment contained in the arbitration agreement proves difficult to put into practice a judge may on the motion of one of the parties take any necessary measure to bring about the appointment. Art. 941.2. |
Saskatchewan | Same as Model Law. |
Newfoundland | Same as Model Law. |
Northwest Territory | Same as Model Law. |
Yukon Territory | Same as Model Law. |
Jurisdiction | Termination of Mandate and Substitution of Arbitrators |
Model Law | 15. Where the mandate of an arbitrator terminates under article 13 or 14 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced. |
Canada | 15. Where the mandate of an arbitrator terminates under article 13 or 14 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced. |
Alberta | Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s6. |
British Columbia | Arbitration must be repeated only where sole or presiding arbitrator is replaced, otherwise in the discretion of the arbitral tribunal. Also, unless otherwise agreed by parties orders or rulings made prior to replacement are not invalidated solely because of a change of composition in the tribunal. s15(3), (4). |
Manitoba | Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s6. |
New Brunswick | Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s6. |
Nova Scotia | Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s7. |
Ontario | Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s4. |
Prince Edward Island | Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s6. |
Quebec | The arbitrators, including the arbitrator whose recusation is proposed, may continue the arbitration proceedings and make the award while such a case is pending. Art.942.4. |
Saskatchewan | Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s6. |
Newfoundland | Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s7. |
Northwest Territories | Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s8. |
Yukon Territory | Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s4. |
Jurisdiction | Arbitral award | In-Camera Hearings | Production by Expert |
Model Law | Not defined | No provision | No provision |
Canada | Not defined | No provision | No provision |
Alberta | Not defined | No provision | No provision |
British Columbia | Means any decision of the arbitral tribunal on the substance of the dispute submitted to it and includes an interim arbitral award. s2(1). The arbitral tribunal may, at any time during the arbitral proceedings, make an interim award on any matter with respect to which it may make a final arbitral award. s31(6). | Unless otherwise agreed by the parties, all oral hearings and meetings in arbitral proceedings are to be held in-camera. s24(5). | Unless otherwise agreed by the parties, the experts shall on the request of a party, make available to that party for examination all documents, goods or other property in the expert’s possession with which he was provided in order to prepare his report. s26(3). |
Manitoba | Not defined | No provision | No provision |
New Brunswick | Not defined | No provision | No provision |
Nova Scotia | Not defined | No provision | No provision |
Ontario | An order of the arbitral tribunal under Art.17 of the model Law for an interim measure of protection and the provision of security in connection which is subject to the provision of the Model Law as if it were an award. s9. | No provision | No provision |
Prince Edward Island | Not defined | No provision | No provision |
Quebec | Not defined | No provision | Every expert’s report or other documents which the arbitrators may invoke in support of their decision must be transmitted to the parties. Art.944.2 |
Saskatchewan | Not defined | No provision | No provision |
Newfoundland | Not defined | No provision | No provision |
Northwest Territories | Not defined | No provision | No provision |
Yukon Territory | Not defined | No provision | No provision |
Jurisdiction | Consolidation |
Model Law | No provision |
Canada | No provision |
Alberta | On application of the parties to
2 or more arbitration proceedings the court may order: (a) the arbitration proceedings to be consolidated, on terms it considers just; (b) the arbitration proceedings to be heard at the same time, or one immediately after another; or (c) any of the arbitration proceedings to be stayed until after the determination of any one of them. If the parties cannot agree upon the choice of the arbitral tribunal the court may appoint. s8. |
British Columbia | Where the parties to 2 or more
arbitration agreements agree to consolidate the arbitrations arising out
of their different agreement the Court can do one or more of the
following: (a) order the arbitrations to be consolidated on such terms as the Court considers just and necessary; (b) where all the parties cannot agree on an arbitral tribunal for the consolidated arbitration, appoint an arbitral tribunal; (c) where all the parties cannot agree on any other matter necessary to conduct the consolidated arbitration, make any other order it considers necessary. s27(2). |
Manitoba | Same as Alberta. |
New Brunswick | Same as Alberta. |
Nova Scotia | On application of the parties to
2 or more arbitration proceedings the court may order: (a) the arbitration proceedings to be consolidated, on terms it considers just; (b) the arbitration proceedings to be heard at the same time, or one immediately after another; or (c) any of the arbitration proceedings to be stayed until after the determination of any one of them. If the parties cannot agree upon the choice of the arbitral tribunal the court may appoint. s9. |
Ontario | On application of the parties to
2 or more arbitration proceedings the court may order: (a) the arbitration proceedings to be consolidated, on terms it considers just; (b) the arbitration proceedings to be heard at the same time, or one immediately after another; or (c) any of the arbitration proceedings to be stayed until after the determination of any one of them. If the parties cannot agree upon the choice of the arbitral tribunal the court may appoint. s7. |
Prince Edward Island | On application of the parties to
2 or more arbitration proceedings the court may order: (a) the arbitration proceedings to be consolidated, on terms it considers just; (b) the arbitration proceedings to be heard at the same time, or one immediately after another; or (c) any of the arbitration proceedings to be stayed until after the determination of any one of them. If the parties cannot agree upon the choice of the arbitral tribunal the court may appoint. s8. |
Quebec | No provision. |
Saskatchewan | On application of the parties to
2 or more arbitration proceedings the court may order: (a) the arbitration proceedings to be consolidated, on terms it considers just; (b) the arbitration proceedings to be heard at the same time, or one immediately after another; or (c) any of the arbitration proceedings to be stayed until after the determination of any one of them. If the parties cannot agree upon the choice of the arbitral tribunal the court may appoint. s7. |
Newfoundland | On application of the parties to
2 or more arbitration proceedings the court may order: (a) the arbitration proceedings to be consolidated, on terms it considers just; (b) the arbitration proceedings to be heard at the same time, or one immediately after another; or (c) any of the arbitration proceedings to be stayed until after the determination of any one of them. If the parties cannot agree upon the choice of the arbitral tribunal the court may appoint. s9. |
Northwest Territories | Where the parties to 2 or more arbitration agreements agree to consolidate their respective arbitral proceedings and cannot agree on a matter necessary to conduct a consolidated arbitral proceeding the Court may on the application of one party with the consent of all the other parties make such order in respect of that matter as it considers necessary for the consolidation of the arbitral proceedings. s10. |
Yukon Territory | On application of the
parties to 2 or more arbitration proceedings the court may order: (a) the arbitration proceedings to be consolidated, on terms it considers just; (b) the arbitration proceedings to be heard at the same time, or one immediately after another; or (c) any of the arbitration proceedings to be stayed until after the determination of any one of them. If the parties cannot agree upon the choice of the arbitral tribunal the court may appoint. s6. |
Jurisdiction | Applicable Rules to Substance of Dispute, Failing Agreement | Use of Other ADR Procedures |
Model Law | The law determined by the conflict of law rules the arbitral tribunal considers applicable. Art.28(2) | No provision |
Canada | The law determined by the conflict of law rules the arbitral tribunal considers applicable. s7. | No provision |
Alberta | The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s7. | For the purposes of encouraging settlement of a dispute an arbitral tribunal may with the agreement of the parties employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure. s5. |
British Columbia | The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s28(3) | It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage a settlement. s30(1) |
Manitoba | The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s7. | No provision |
New Brunswick | The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s7. | For the purposes of encouraging settlement of a dispute an arbitral tribunal may with the agreement of the parties employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure. s5. |
Nova Scotia | The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s8. | For the purposes of encouraging settlement of a dispute an arbitral tribunal may with the agreement of the parties employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure. s6. |
Ontario | The law determined by the conflict of law rules the arbitral tribunal considers applicable. s7. | For the purposes of encouraging settlement of a dispute an arbitral tribunal may with the agreement of the parties employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure. s3. |
Prince Edward Island | The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s8. | For the purposes of encouraging settlement of a dispute an arbitral tribunal may with the agreement of the parties employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure. s5 |
Quebec | According to the rules of law considered appropriate. Art.944.10 | No provision |
Saskatchewan | The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s6. | For the purposes of encouraging settlement of a dispute an arbitral tribunal may with the agreement of the parties employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure. s4. |
Newfoundland | The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s8. | For the purposes of encouraging settlement of a dispute an arbitral tribunal may with the agreement of the parties employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure. s6. |
Northwest Territories | The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s9. | No provision |
Yukon Territory | The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s5. | No provision |
Jurisdiction | Recognition and Enforcement of Foreign Arbitral Awards |
Model Law | 35 (1) An arbitral
award, irrespective of the country in which it was made, shall be
recognised as binding and, upon application in writing to the competent
court, shall be enforced subject to the provisions of this article and
of article 36. (2) The party relying on
an award or applying for its enforcement shall supply the duly
authenticated original award or a duly certified copy thereof, and the
original arbitration agreement referred to in article 7 or a duly
certified copy thereof. If the award or agreement is not made in an
official language of this State, the party shall supply a duly certified
translation thereof into such language.
(2) If an application for setting aside or suspension of an award has been made to a court referred to in paragraph (1)(a)(v) of this article, the court where recognition or enforcement is sought may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security. |
Canada | Same as Model Law |
Alberta | Same as Model Law |
British Columbia | Same as Model Law |
Manitoba | Same as Model Law |
New Brunswick | Same as Model Law |
Nova Scotia | Same as Model Law |
Ontario | Same as Model Law, but also: for the purpose Articles 35 & 36 of the Model Law an arbitral award includes a commercial award made outside Canada, even if the arbitration to which it relates is not international as defined in Article 1(3) of the Model Law. s10. |
Prince Edward Island | Same as Model Law |
Quebec | A court examining an application for recognition and execution of an arbitral award cannot inquire into the merits of the dispute. Art.951.1 |
Saskatchewan | Same as Model Law |
Newfoundland | Same as Model Law |
Northwest Territories | Same as Model Law |
Yukon Territory | Same as Model Law |
Jurisdiction | Changes to award | Interest and Costs |
Model Law | No provision | No Provision |
Canada | No provision | No provision |
Alberta | No provision | No provision |
British Columbia | No provision | Unless otherwise agreed by the parties, the arbitral tribunal may award interest, and costs which shall be in its discretion and may include fees and expenses of arbitrators and expert witnesses, legal fees and expenses, any other expenses incurred in connection with the arbitral proceedings, and specify the party entitled to costs, the party who shall pay the costs, the amount of costs or method of determining the award, and the manner in which the costs shall be paid. s31(7)(8). |
Manitoba | No provision | No provision |
New Brunswick | No provision | No provision |
Nova Scotia | No provision | No provision |
Ontario | No provision | No provision |
Prince Edward Island | No provision | No provision |
Quebec | The arbitrators may, on the application of a party made within 30 days after receiving the arbitration award correct any error in writing or calculation or any other clerical error in the award, interpret a specific part of the award with the agreement of the parties; render a supplementary award on a part of the application omitted in the award. Art. 945.6. | No provision |
Saskatchewan | No provision | No provision |
Newfoundland | No provision | No provision |
Northwest Territories | No provision | No provision |
Yukon Territory | No provision | No provision |
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