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In 1992 the purchaser, Schiff Food Products Inc. ('Schiff'), of New York, sent a written offer to purchase oregano to Naber Seed and Grain Co. Ltd. ('Naber'), of Saskatchewan. While Naber never returned a signed copy of the offer, it responded to the offer for performance by submitting a sample and promising delivery. Eventually it became clear that delivery would not occur and Schiff sought to arbitrate the alleged breach of contract in New York before the American Spice Trade Association, in accordance with the arbitration provision printed on the offer that had been sent to Naber. Naber chose not to participate in the arbitration and an award was subsequently rendered against it. When Schiff tried to enforce the award in Saskatchewan, Naber objected on two grounds : that no contract bound the parties and that the arbitration agreement had not been agreed to in writing.

The Court allowed the application for enforcement. On the contractual issue, it found that Naber was bound as a result of its conduct: sending the sample and promising delivery. In respect of the agreement to arbitrate, the Court interpreted article 7 of the Model Law, as incorporated in the International Commercial Arbitration Act, broadly. It noted that the article did not expressly require a signature and therefore the Court was able to find that the incorporation of the arbitral agreement in Schiff's standard form offer met the requirement of article 7 that the agreement be in writing.

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