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Case 117: MAL 35
Canada: Ontario Court of Justice, General Division (Somers J.)
19 December 1994
Murmansk Trawl Fleet v. Bimman Realty Inc.
Original in English
Unpublished
The plaintiff sought to enforce in Ontario a final arbitral award issued in New York with regard to a dispute arising from its contract with the defendant. The application was made after the right to appeal the award in New York State had expired but the defendant argued that the award should not be enforced in Ontario, since no steps had been taken to have it confirmed (made binding) under New York law.
The court held that it was not necessary that the foreign award be confirmed in order
to be enforceable in Ontario. The court, referring to the decision on Case 30, based this
conclusion on a public policy favouring the avoidance of delays that were ensuing from
court proceedings and providing for a more efficient dispute resolution where the parties
have chosen arbitration.
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CASE LAW ON UNCITRAL TEXTS (CLOUT)
Abstracts of cases
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