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

CHAPTER 9

RECOGNITION AND

ENFORCEMENT OF

FOREIGN ARBITRAL

AWA R DS

A. INTRODUCTION

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

nif‌icantly over the past twenty 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 wel l 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 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 available to force the unsuccessful

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

dealing w ith 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.

1See, for example, the Arbitration Act, 1991, S.O. 1991, c. 17 [AA(Ont .)]; Arbitra-

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