Two Canadian cases have recently touched upon the concept of international arbitration provisions and enforcement of international arbitral awards. In the first, a Canadian law endorsement superseded an arbitration provision in the original text of the insurance policy, allowing actions against the insurers under that policy to take place in the courts, instead of through arbitration. In the second, the court upheld an international arbitration award despite the existence of a conflict of interest at the arbitration phase, finding that conflict was insufficient to invoke the public policy defense necessary to refuse to enforce the award.
Click here to learn more about these cases, as well as the Canadian courts’ recent tendency to enforce endorsements and awards as written.
Mar 27, 2017