Recognition and Enforcement of Foreign Arbitral Awards

• Author: Stephen G.A. Pitel/Nicholas S. Rafferty
• Profession: Faculty of Law, University of Western Ontario/Faculty of Law, University of Calgary
• Pages: 197-205

197

CHAP TER 9

RECOGNITION AND

ENFORCEMENT OF

FOREIGN ARBITRAL

AWA R DS

A. I NTRODUC TION

The number of civil disputes resolved by arbitration has increased sig-

nif‌icantly over the past t wenty years. In many c ases the dis puting 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 wel l known: the ability to resolve

the dispute in private rather th an in open court, the avail ability of a

specialist decision-maker with expertise in the relevant area, and pro-

cedures that allow the di spute to proceed more rapidly and eff‌iciently.

At the conclusion of an arbitration, the arbiter renders an award. It

looks very similar to a judicial decision, but there are important differ-

ences when it comes to enforcement. Unlike a judgment, the machin-

ery of the state is not automatically ava ilable to force the unsuccessful

party to comply. As a result, most countries h ave enacted legislation

dealing w ith the enforcement of domestic arbitral awards.1 In very gen-

eral terms, th is legislation allows a par ty 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, S.O. 1991, c. 17 [AA (Ont .)]; Arbitra-

tion Act, R.S.N.S. 1989, c. 19.