Ontario’s new International Commercial Arbitration Act, 2017 (the “ICAA”) came into force on March 22, 2017.
The new ICAA contains a number of changes from its predecessor, including:
- Adoption of the the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also known as the “New York Arbitration Convention”). Essentially, Ontario has confirmed that it will recognize and enforce an arbitral award made in a state which is party to the Convention.
- Changes to the limitation period in which a proceeding must be commenced to enforce an arbitral award. Both the ICAA and the Ontario domestic Arbitration Act, 1991 now provide for a 10 year limitation period to commence a proceeding to enforce an arbitration award. (The ICAA previously provided for a two year limitation period.)
- Adoption of the 2006 amendments to the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21 June 1985 (the “2006 Model Law”). The 2006 Model Law provides, among other things, that:
- An arbitral tribunal may grant interim measures to preserve the status quo, prevent harm or prejudice, preserve assets or preserve evidence;
- An interim measure shall be recognized and enforced by the Ontario Courts, regardless of where the interim measure was issued;
- A party may seek a preliminary order from an arbitral tribunal without notice to the other party (also known as an ex parte order);
- The Ontario court has the same power to issue an interim measure in relation to arbitration proceedings as it has in relation to court proceedings.
The lawyers at Gilbertson Davis LLP have experience with international litigation and international commercial arbitration. Please contact us for an initial consultation.
Brief informational summaries about insurance litigation, commercial litigation and family law litigation matters in the courts of Ontario and Canada are periodically published on our website. Please note that our website content is for informational purposes only, and should not be construed or relied upon to provide legal advice. If you require legal advice, please request an initial consultation with Gilbertson Davis LLP using the Request Consultation Form on this webpage or by contacting our Intake Coordinator on (416) 979-2020, ext. 223 (both subject to the Terms of Use described on our Contact page).
Comments & Opinions by Gilbertson Davis LLP lawyers and staff on its Blog, or in media interviews, appearances or publications, or in professional publications, are personal to them, and do not necessarily represent the opinions of the Firm or anyone at the Firm other than the individual expressing those comments or opinions.
About the Author
