Canada:
Supreme Court Denies Leave To Appeal From Foreign Arbitral Award Enforcement Decision
03 February 2015
Affleck Greene McMurtry LLP
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The Supreme Court of Canada has refused to grant leave to
appeal from the Sociedade-de-formento
decision. Earlier this year, the B.C. Court of Appeal held that
Mareva injunction can be granted in the enforcement of
foreign arbitral awards in Canada, even if another jurisdiction may
be more favourable. As a signatory to the New York
Convention, provincial courts in Canada must recognize
and enforce an international arbitration award on the same basis as
a domestic award for both final judgment and interlocutory
purposes.
For more details of the case, please see our
previous post.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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