[...]
(4) For greater certainty, the expression commercial arbitration in Article 1(1) of the Code includes
(a) a claim under Article 1116 or 1117 of the Agreement, as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act;
(b) a claim under Article G-17 or G-18 of the Agreement, as defined in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act;
(c) a claim under Article 819 or 820 of the Agreement, as defined in section 2 of the Canada–Peru Free Trade Agreement Implementation Act;
(d) a claim under Article 819 or 820 of the Agreement, as defined in section 2 of the Canada–Colombia Free Trade Agreement Implementation Act; and
(Based on the Model Law on International Commercial Arbitration as adopted by the United Nations Commission on International Trade Law on June 21, 1985)
(4) In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.
(2) In interpreting the Code, recourse may be had to
(a) the Report of the United Nations Commission on International Trade Law on the work of its eighteenth session, held from June 3 to 21, 1985; and
(b) the Analytical Commentary contained in the Report of the Secretary General to the eighteenth session of the United Nations Commission on International Trade Law.
