Uniform Acts Drafting Conventions
1. (1) 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 Schedule A;
"International Law" means the Model Law On International Commercial Arbitration, adopted by the United Nations Commission on International Trade Law on June 21, 1985, as set out in Schedule B.
(2) Words and expressions used in this Act have the same meaning as the corresponding words and expressions in the Convention and the International Law, as the case may be.
PART I - FOREIGN ARBITRAL AWARDS
Application of convention
2. (1) Subject to this Act, the Convention applies in [enacting jurisdiction],
(2) The Convention applies to arbitral awards and arbitration agreements whether made before or after the coming into force of this Part, but applies only in respect of
(a) the recognition and enforcement of arbitral awards made in another Contracting State, whether the award is made before or after the State becomes a Contracting State; and
(b) differences arising out of commercial legal relationships, whether contractual or not.
[NOTE: Jurisdictions not wishing to base Part Ion a reciprocal basis should delete paragraph (a). Jurisdictions not wishing to restrict the application of Part I to commercial transactions should delete paragraph (b). ]
Application to court
3. For the purpose of seeking recognition of an arbitral award pursuant to the Convention, application shall be made to the (name of the court) Court.
PART II - INTERNATIONAL COMMERCIAL ARBITRATION
Application of international law
4. (1) Subject to this Act, the International Law applies in (enacting jurisdiction) .
(2) The International Law applies to international commercial arbitration agreements and awards, whether made before or after the coming into force of this Part.
5. With respect to the recognition and enforcement of awards arising from an international commercial arbitration, the International Law applies only to awards made in
(a) a Contracting State within the meaning of the Convention;
(b) those territorial units outside Canada that are prescribed by regulation; and
(c) those provinces and territories of Canada that are prescribed by regulation.
[NOTE: Jurisdictions not wishing to base Part II on a reciprocal basis should delete section S.]
Conciliation and other proceedings
6. For the purpose of encouraging settlement of a dispute, an arbitral tribunal may, with the agreement of the parties, employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure.
Removal of arbitrator
7. (1) Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the International Law, any hearing held prior to the replacement or removal shall be repeated.
(2) With respect to article 15 of the International Law, the parties may remove an arbitrator at any time prior to the final award, regardless of how the arbitrator was appointed.
Rules applicable to substance of dispute
8. Notwithstanding article 28(2) of the International Law, if the parties fail to make a designation pursuant to article 28(1) of the International Law, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances respecting the dispute.
Consolidation of proceedings
9. (1) The (name of the court) Court, upon application of the parties to two or more arbitration proceedings, may order
(a) the arbitration proceedings to be consolidated, on terms it considers just;
(b) the arbitration proceedings to be heard at the same time, or one immediately after another;
(c) any of the arbitration proceedings to be stayed until after the determination of any other of them.
(2) Where the Court orders arbitration proceedings to be consolidated pursuant to paragraph (1)(a) and all the parties to the consolidated arbitration proceedings are in agreement as to the choice of the arbitral tribunal for that arbitration proceeding, the arbitral tribunal shall be appointed by the Court, but if all the parties cannot agree, the Court may appoint the arbitral tribunal for that arbitration proceeding.
(3) Nothing in this section shall be construed as preventing the parties to two or more arbitration proceedings from agreeing to consolidate those arbitration proceedings and taking such steps as are necessary to effect that consolidation.
10. (1) The functions referred to in article 6 of the International Law shall be performed by the (name of the court) Court.
(2) For the purposes of the International Law, a reference to "court" or "competent court", where in the context it means a court in (enacting jurisdiction), means the (name of court) Court except where the context otherwise requires.
PART III - GENERAL
Stay of proceedings
11. Where, pursuant to article 11(3) of the Convention or article 8 of the International Law, a court refers the parties to arbitration, the proceedings of the court are stayed with respect to the matters to which the arbitration relates.
12. (1) This Act binds the Crown.
(2) An award recognized pursuant to this Act is enforceable against the Crown in the same manner and to the same extent as a judgment is enforceable against the Crown.
[NOTE: Jurisdictions should consider whether subsection (2) is required in their jurisdiction.]
Proof of contracting states
13. (1) In any proceeding, a certificate issued by or under the authority of the Secretary of State for External Affairs of Canada containing a statement that a foreign state is a Contracting State is, in the absence of evidence to the contrary, proof of the truth of the statement without proof of the signature or official character of the person who issued or certified it.
(2) Nothing in this section precludes the taking of judicial notice pursuant to the Evidence Act or any other enactment.
[NOTE: Jurisdictions not wishing to base the Act on a reciprocal basis should delete section 13.]
Aids in interpretation
14. (1) This Act shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the Act in their context and in the light of its objects and purposes.
(2) In applying subsection (1) to the International Law, recourse may be had to
(a) the Report of the United Nations Commission on International Trade Law on the work of its 18th session (June 3-21, 1985);
(b) he International Commercial Arbitration Commentary on Draft Text of a Model Law on International Commercial Arbitration;
as published in the Gazette.
15. The (Regulation making authority) may
(a) cause to be published in the Gazette the names of Contracting States to the Convention;
(b) by regulation
(i) prescribe the territorial units and the provinces and territories of Canada for the purpose of section 5;
(ii) prescribe rules of court;
(iii) (other further authority).
[NOTE: Jurisdictions not wishing to base the Act on a reciprocal basis should delete paragraph (a) and subparagraph (b)(i).]