THE IMPLEMENTATION AND APPLICATION OF THE NEW YORK ARBITRATION CONVENTION IN CANADA

Abstract

On the eve of expected revisions to Canadian arbitration laws, it may be useful to comparative law scholars and Canadian jurists to take stock of how Canadian legislatures and courts have implemented the New York Convention. While the convention’s obligations regarding recognition of arbitration agreements and referral of disputes to arbitration, as well as recognition and enforcement of foreign awards, are straightforward in principle, this article emphasizes the key ways in which courts have ensured the success of the convention’s regime in practice. As Canadian jurisdictions embark on their revisions, it is hoped that the pro-enforcement and international spirit that their courts have fostered with respect to the New York Convention will live on.