Foreign Arbitral Deference Still Trending In Canadian Courts

By Lincoln Caylor and Ranjan Agarwal (February 15, 2019, 4:16 PM EST) -- Canada's adoption of two jurisprudential guidelines places its courts in the position of having to grapple with how to apply the public policy exception when international arbitration awards are on the docket and awaiting enforcement.

Through federal, provincial and territorial legislation, Canada has accepted the tenets of both the New York Convention and the Model Law. The public policy exception appears in Article V of the New York Convention and in Article 34 of the Model Law.

The Test for the Public Policy Exception

The leading case on the public policy exception is a 1992 decision of the Ontario trial court....

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