Canada and UAE – New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
In 2006, United Arab Emirates joined 137 other nations in acceding to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the so-called 1958 New York Convention). Canada acceded to the New York Convention in 1986 declaring that it would apply the Convention only to differences arising out of legal relationships, whether contractual or not, that were considered commercial under the laws of Canada, except in the case of the Province of Quebec where the law did not provide for such limitation. In Ontario, it found its way into the International Commercial Arbitration Act, RSO 1990, c I.9 to the extent it is contained in the UNCITRAL Model Law, a schedule thereto.
Respect of Arbitration Agreements under the New York Convention
By Article II (3) of the New York Convention “The court of a Contracting State, when seized of an action in a matter in respect of which the parties have made an agreement within the meaning of this article, shall, at the request of one of the parties, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.”
Dubai International Financial Centre (DIFC) Arbitration Law Amended
DIFC Authority has recently announced the enactment of DIFC Laws Amendment Law 2013, stating on its website that “The amendments to the Arbitration Law 2008 have been made to ensure alignment of DIFC to the New York Convention, which require a court of a member state to have the obligation to dismiss or stay an action, upon the request of a party, in a matter which is subject of a valid arbitration agreement.”
David Alderson has practised law in Ontario, England, Bermuda and Dubai, UAE. He has also been admitted to practice in New York State. He currently practises only the laws of Ontario and Canada with Gilbertson Davis LLP in Toronto.
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