Wagner-Arbitration

Enforcing arbitral awards in Canada (Ontario)

Canada and its courts have proven to be very arbitration-friendly over the years. Although it is not as popular of a destination as some of the larger international arbitration hubs, parties find that Canadian courts respect the practice of arbitration, and uphold its core principles.

Canadian provinces have also been amongst the first jurisdictions to wholly adopt the UNCITRAL Model Law on International Commercial Arbitration 1985 (“Model Law”), and they have largely incorporated international arbitral standards and practices into their domestic legal systems without modification.

Canada is a federal state with an intricate constitutional system in place that divides powers between Canada itself, and its provinces. Provinces largely have the jurisdiction to legislate for most commercial matters, including commercial arbitration. As Ontario is my home province, and as it is Canada’s pre-eminent commercial and financial hub, this article will be focusing on the enforcement of arbitral awards in Ontario. I look forward to future friends and colleagues taking on the task of outlining the enforcement of arbitral awards in Canada’s other 9 provinces and 3 territories.

Legal Framework

Jurisdiction & procedure before court

Formal and practical requirements

Substantial requirements

Effects, remedies & procedural requests

Autor:in

No results found.

OLYMPUS DIGITAL CAMERA
Pablo Ortega Krstulovic

Pablo Ortega Krstulovic is a Chilean-qualified lawyer who joins us as a visiting professional from the new class of the IDR LL.M at HU. He grew up in Arica, Chile and completed his legal education at the University of Chile in Santiago. Before moving to Berlin, Pablo gained experience as an associate lawyer at one of […]

OLYMPUS DIGITAL CAMERA
Diego Melendez Hirezi

Diego Melendez Hirezi is a Salvadorean-qualified lawyer. He graduated from the Superior School of Business and Economics of El Salvador. Currently, he is a student in the International Dispute Resolution LL.M program at Berlin Humboldt University. For more than five years, he worked as an associate in the litigation and arbitration department of Arias Law, a […]

OLYMPUS DIGITAL CAMERA
Filippo Furlano

Filippo Furlano is a qualified lawyer in the province of Ontario, Canada, and a current candidate of the International Dispute Resolution LL.M. program at the Humboldt-Universität zu Berlin. He holds a Bachelor of Laws degree from the University of Leicester, and a Bachelor of Arts degree in Political Science and History from McGill University. Prior to […]

About Wagner Arbitration

The law firm WAGNER Arbitration has its offices in Berlin and specializes in dispute resolution with a focus on arbitration. In addition, the firm offers comprehensive counseling services related to domestic and international business disputes and transactions.

Disclaimer

This Journal and its contents serve informational purposes only and do not replace individual legal advice. Please contact us, should you have any inquiries or comments.

The answers provided in this questionnaire are as of July 2023. Please note that the relevant legal provisions may be subject to amendments.