Federal Courts Rules (SOR/98-106)

Notice of Application for Recognition and Enforcement of an Arbitral Award

A LEGAL PROCEEDING HAS BEEN COMMENCED by the applicant for recognition and enforcement in Canada of an arbitral award granted against (name of respondent) by (name of arbitral tribunal) in (name of country or state) on (date). The claim made by the applicant appears on the following pages.

(Include the following paragraph if the application is brought ex parte)

THIS APPLICATION is brought ex parte under rule 328 of the Federal Courts Rules and, unless the Court orders otherwise, will be decided on the basis of written representations and without notice to the respondent.

(Date)

Issued by: (Registry Officer)

Address of local office:

Application

• 1 The applicant applies for recognition and enforcement of an arbitral award granted against (name of respondent) by (name of arbitral tribunal) in (name of country or state) on (date) under

  (Select one of the following options.)

  • □ subsection 5(2) of the Commercial Arbitration Act

  • □ the United Nations Foreign Arbitral Awards Convention Act

  • □ articles 35 and 36 of the Commercial Arbitration Code, set out in Schedule 1 to the Commercial Arbitration Act

• 2 The grounds for the application are

  (Select applicable options and provide information indicated.)

  • □ the arbitral award is one to which (specify the statute or statutory provisions selected above) applies

  • □ (specify the statute or statutory provisions selected above) does not preclude the recognition and enforcement of the arbitral award

  • □ the respondent appeared (or did not appear) before the (name of arbitral tribunal) that granted the arbitral award (If the respondent did not appear, explain why the recognition and enforcement are nevertheless permitted.)

• 3 The following documentary evidence is relied on in support of this application:

  (Select applicable options and provide documents indicated.)

  • □ an exemplified or certified copy of the arbitral award and any reasons, including dissenting reasons, given in respect of that arbitral award

  • □ a copy of any arbitration agreement under which the arbitral award was made

  • □ the affidavit of (name)(see requirements set out in rule 329 of the Federal Courts Rules)

• 4 The respondent in this application resides at (address).

(Date)