CLOUTindex.
index.
Case 29: MAL 2;35;36
Canada: Ontario Court, General Division (While J.)
30 January 1992
Kanto Yakin Kogyo Kabushiki-Kaisha v. Can-Eng Manufacturing Ltd.
Published in English: 7 Ontario Reports (3d), 779
Commented on by Tetley in [1993] Lloyd's Maritime and Commercial Law Quarterly, 238
Concluding an agreement prior to the existence of legislation implementing MAL will not mean that MAL will not apply to arbitrations taking place pursuant to the agreement.
The parties concluded an agreement which contained an arbitration clause and provided
that arbitration would take place in Tokyo. Arbitration of an issue arising out of the
agreement was held and an award was made. Kanto Yakin sought to enforce the award in
Ontario. The court found that, despite the fact that the agreement was concluded prior to
the coming into force of the International Commercial Arbitration Act, Revised Statutes of
Ontario, 1990, c. 1.9, which enacts MAL, the agreement was still an arbitration agreement
governed by the Act and was enforceable as such.
Additional Information published in later CLOUT issue (on "9 February 2000"):
Abstract published in English: [1995] Model Arbitration Law Quarterly Reports, Vol. 1, issue 3, 1
Text of the court decision published in English: [1995] Model Arbitration Law Quarterly Reports, Vol. 1, issue 3, 5
UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW
CASE LAW ON UNCITRAL TEXTS (CLOUT)
Abstracts of cases
This compilation of abstracts forms part of the system for collecting and disseminating information on court decisions and arbitral awards relating to Conventions and Model Laws that have emanated from the work of the United Nations Commission on International Trade Law (UNCITRAL). Information about the features of that system and about its use is provided in the User Guide (A/CN.9/SER.C/GUIDE/1).
The abstracts have been prepared by national correspondents designated by their Governments. It should be noted that neither the national correspondents nor anyone else directly or indirectly involved in the operation of the system assumes any responsibility for any error or omission or other deficiency.
__________
Copyright © United Nations 1993
All rights reserved.
Reproduced on this web site (www.interarb.com) with the kind permission of the United Nations, New York.
Database, typography, layout, etc. © interarb, 1999.