Stans Energy Corp. v. Kyrgyz Republic, 2015 ONSC 3236
In another decision regarding the enforcement of a foreign arbitral award under Articles 35 and 36 of Ontario's International Commercial Arbitration Act, the Ontario Superior Court provided an important reminder of the obligation to make full and frank disclosure when seeking an ex parte injunction.
Stans Energy applied in Ontario to enforce an award issued by a Moscow arbitration panel, and obtained an ex parte Mareva injunction freezing shares in Toronto-based Centerra Gold Inc. that were held by a company owned by the judgment debtor. The injunction was later made indefinite, and the judgment debtor appealed that decision arguing that Stans had failed to disclose that the Economic Court of the Commonwealth of Independent States had determined that the arbitration court had no jurisdiction to issue the award. Stans had stated that the Economic Court's decision was an "advisory opinion" and had failed to include a translation of the decision.
Just before the hearing of the appeal, the Moscow State Court set aside the arbitral award. That evidence was adduced on the appeal, and the Ontario Superior Court set aside the injunction on that basis. In doing so, the Court noted that it would have set aside the injunction in any event because Stans did not inform the Court about the Economic Court's decision.
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