United Nations Foreign Arbitral Awards Convention Act (R.S.C., 1985, c. 16 (2nd Supp.))

Short Title

Marginal note:Short title

1 This Act may be cited as the United Nations Foreign Arbitral Awards Convention Act.

Interpretation

Definition of Convention

2 In this Act, Convention means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, adopted by the United Nations Conference on International Commercial Arbitration in New York on June 10, 1958, as set out in the schedule.

Convention Approved

Marginal note:Convention approved

3 The Convention is approved and declared to have the force of law in Canada during such period as, by its terms, the Convention is in force.

Marginal note:Limited to commercial matters

• 4 (1) The Convention applies only to differences arising out of commercial legal relationships, whether contractual or not.

• Marginal note:When applicable

  (2) The Convention applies to arbitral awards and arbitration agreements whether made before or after the coming into force of this Act.

Inconsistent Laws

Marginal note:Inconsistent laws

5 In the event of any inconsistency between the provisions of this Act, or the Convention, and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency.

Courts

Marginal note:Application to court

6 For the purpose of seeking recognition and enforcement of an arbitral award pursuant to the Convention, application may be made to any superior, district or county court.

Publication

Marginal note:Publication of notice

7 The Minister of Justice shall cause a notice of the day the Convention comes into force and of the day it ceases to be in force to be published in the Canada Gazette within sixty days after its coming into force or ceasing to be in force, and a notice so published shall be judicially noticed.

Regulations

Marginal note:Regulations

8 The Minister of Justice may make such regulations as are necessary for the purpose of carrying out the Convention or for giving effect to any of the provisions thereof.

Coming into Force

Marginal note:Coming into force

Footnote ^*9 This Act shall come into force on a day to be fixed by proclamation.

• Return to footnote ^*[Note: Act in force August 10, 1986, see SI/86-154.]