Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
International Arbitration
12.
Award
12.1
What procedural and substantive requirements must be met by an award?
 
Canada
For domestic arbitration, the acts of Alberta, Manitoba, New Brunswick, Ontario and Saskatchewan provide that a decision of the majority of members of an arbitral tribunal constitutes the decision of the tribunal. Without a majority decision, the chair’s decision governs. The tribunal’s award must be made in writing and must state the reasons upon which it is based. It must indicate the place where and the date on which it was made, and be dated and signed by all members of the arbitral tribunal, or by a majority of them if there is an explanation for the omission of the others (Arbitration Act (Alberta), RSA 2000, c A-43, s 40; Arbitration Act (Manitoba), CCSM c A120, s 40; Arbitration Act (New Brunswick), RSNB. 2014, c 100, s 40; Arbitration Act, 1991 (Ontario), SO 1991, c 17, s 40; Arbitration Act, 1992 (Saskatchewan), SS 1992, c A-24.1, s 41).

Unless the parties agree otherwise, awards in international arbitration require that decisions of an arbitral tribunal be made by a majority of its members. Further, the award must be made in writing, and signed and dated by the arbitrators, unless there is an explanation for an omission.

In Quebec, Article 642 of the Code of Civil Procedure (CCP) provides that the award must be made in writing and be signed by the arbitrator or arbitrators, and include reasons. It must state its date and the place where it was made. The award is deemed to have been made on that date and at that place. In arbitration proceedings with more than one arbitrator, the arbitration award must be made by a majority of the panel. If one of the arbitrators refuses or is unable to sign the award, and the others record that fact, the award has the same effect as if it were signed by all of them.

For more information about this answer please contact: Mark Gelowitz from Osler, Hoskin & Harcourt LLP
12.2
Must the award be produced within a certain timeframe?
 
Canada
There is no statutory requirement that an award be produced within a certain timeframe in either domestic or international arbitration. Parties may include timing in their agreement.

In Quebec, the CCP provides that the arbitration award must be made within three months of the matter being taken under advisement; but the parties may agree, more than once, to extend the time limit or, if it is expired, set a new one.

For more information about this answer please contact: Mark Gelowitz from Osler, Hoskin & Harcourt LLP