Foreign Arbitral Awards Archives - Arbitration Matters

In CZT v CZU, 2023 SGHCI 11, the Singapore International Commercial Court refused to order the arbitral tribunal to disclose deliberation-related documents in the context of a set-aside application under Article 34 of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”) despite the dissenting arbitrator’s statement that he had “lost any and all trust in the impartiality of [his] fellow arbitrators.” The applicant relied upon Article 34(2), alleging that the majority had breached the rules of natural justice, had exceeded the terms or scope of the submission to arbitration, that the arbitral procedure was not in accordance with the parties’ agreement, and that the award conflicted with Singapore public policy. For the reasons set out below, this case has relevance to Canadian international arbitration practice.

In UMS Solutions, Inc. v Cornell, 2023 BCSC 214, Justice Morellato refused to dismiss a B.C. action seeking to enforce a New York judgment, which confirmed an arbitration award, on the basis of delay. This procedurally tangled, still unfolding dispute, first saw UMS Solutions, Inc. (“UMS”) succeed in arbitration claims in New York against a B.C. resident, Brad Cornell (“Cornell”), for purported breaches of a representation agreement (“Agreement”). Cornell elected not to participate in the New York arbitration. UMS next converted the arbitral award into a New York court judgment. Cornell failed in his attempt to have the judgment set aside in New York. UMS then commenced a B.C. action on the New York judgment. Justice Morellato denied there was inordinate delay in the B.C. action and permitted UMS’s claim to continue.

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: Foreign Arbitral Awards

International – Deliberation-related documents need not be produced, despite strong dissent – #766

B.C. – Non-participation in arbitration leads to procedural complexity – #724