Enforcement Archives - Arbitration Matters

In Welter v. Parrish & Heimbecker Ltd., 2026 SKCA 62, the Court dismissed an appeal from a decision recognizing and enforcing a default arbitration award under The Enforcement of Foreign Arbitral Awards Act SS 1996, c E-9. 12 (the “EFAA”). The appellant failed to participate in the arbitration despite notice and did not pay arbitration institution fees as required. The arbitration rules agreed to by the parties permitted the arbitral institution to issue a default judgment in such circumstances, even when a tribunal had not been constituted. The arbitration institution issued a default judgment. The appellant raised several arguments that the award failed to satisfy the statutory prerequisites for enforcement and had been issued through a procedurally unfair process. The Court concluded that the appellant had not demonstrated any reviewable error in the enforcement decision.

InFrontier AF LP v. Rahmani, 2026 ONCA 289, was an appeal from an order enforcing an arbitral award made in Dubai. The primary issue was whether the application judge erred in considering the law of Dubai (the seat) in considering whether the arbitral procedure accorded with the parties’ agreement after the arbitration proceeded under a different institution and Rules regime than the ones specified in the parties’ agreement. The application judge found that the parties had agreed to procedural Rules that contemplated an amendment and that the new Rules were an amendment of the Rules specified by the parties in their agreement. The Court dismissed the appeal and accorded the application judge significant deference, finding that there was no extricable legal error in his interpretation of the parties’ agreed procedure.

About Arbitration Matters

Arbitration Matters provides brief summaries of recent cases on commercial arbitration issues, as they are released, from across Canada. Therefore, the website is updated frequently. Each Case Note also provides commentary which helps put the case in context. As of Case Note #509 dated July 26, 2021, Lisa C. Munro, has continued the work done by the Honourable Justice Daniel Urbas before his judicial appointment to the Quebec Superior Court. She is assisted by a select group of other experienced arbitration practitioners, who also contribute regularly to the Case Notes.

Tag: Enforcement

Saskatchewan – Arbitral institution default award enforceable – #955

Ontario – Award enforced despite parties’ agreed institution and applicable rules changed – #953