Recognition and Enforcement of Foreign Arbitral Awards

AuthorStephen G.A. Pitel; Nicholas S. Rafferty
Pages207-216
CHAPTER
9
RECOGNITION
AND
ENFORCEMENT
OF
FOREIGN
ARBITRAL
AWARDS
A.
INTRODUCTION
The
number
of
civil
disputes
resolved
by
arbitration
has
increased
sig
nificantly
over
the
past
thirty
years.
In
many
cases
the
disputing
par
ties
are
required,
by
contract
or
statute,
to
arbitrate
rather
than
litigate.
In
many
other
cases
the
parties
voluntarily
choose
arbitration
once
the
dispute
has
arisen,
perceiving
it
to
have
advantages
over
the
judicial
process.
The
potential
advantages
are
well
known:
the
ability
to
resolve
the
dispute
in
private
rather
than
in
open
court,
the
availability
of
a
specialist
decision
maker
with
expertise
in
the
relevant
area,
and
pro
cedures
that
allow
the
dispute
to
proceed
more
rapidly
and
efficiently.
At
the
conclusion
of
an
arbitration,
the
arbitrator
renders
an
award.
It
looks
very
similar
to
a
judicial
decision
but
there
are
important
dif
ferences
when
it
comes
to
enforcement.
Unlike
a
judgment,
the
machin
ery
of
the
stale
is
not
automatically
available
to
force
the
unsuccessful
party
to
comply.
As
a
result,
most
countries
have
enacted
legislation
dealing
with
the
enforcement
of
domestic
arbitral
awards.
1
In
very
gen
eral
terms,
this
legislation
allows
a
party
to
apply
to
the
court
to
have
the
award
enforced.
If
the
conditions
for
enforcement
are
met,
the
court
grants
judgment
enforcing
the
award.
1
See,
for
example,
the
Arbitration
Act,
1991,
SO
1991,
c
17
[AA
(Ont)];
Arbitration
Act,
RSNS
1989,
c
19.
207

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