An Appraisal of the Implementation of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in Canada

Parties engaged in international commercial transactions often face complex disputes due to differing nationalities, laws, and legal systems. To resolve issues arising from the complexities of international commercial transactions, arbitration is commonly chosen to provide a suitable platform for all parties involved. However, a significant challenge arises when enforcing foreign arbitral awards in the home country of the losing party or in jurisdictions where it may have assets. To address this issue, UNCITRAL introduced the New York Convention, which Canada adopted in 1986 to modernize nationwide arbitration practices. The Convention emphasizes that courts should uphold arbitration agreements and recognize and enforce foreign arbitral awards with limited exceptions. Although some countries fail to comply with the Convention fully, the author argues that Canada has successfully implemented its provisions, with legislative support and Canadian courts ensuring adherence to arbitration agreements and recognizing foreign arbitral awards, except in public policy and arbitrability cases