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Case 384: MAL 3
Canada: Ontario Court of Justice - General Division (Gray J.)
April 26, 1991
Skorimpex Foreign Trade Co. v. Lelovic Co.
Original in English
Published in English: [1991] O.J. No. 641
Skorimpex, a Polish state trading company and Lelovic Co., a Canadian importer based in Ontario, have been dealing with each other since 1957. Lelovic Co. purchased men's and women's footwear manufactured in Poland.
Following a dispute between the parties, an arbitration was undertaken and an award rendered in Skorimpex's favour. Lelovic objected to the enforcement of the award in Ontario on the ground that it had not received notice of the arbitration procedure. Skorimpex replied that it had taken all reasonable steps to notify Lelovic, in accordance with art. 3 of the Model Law.
The Arbitrators held that notices had been sent to Lelovic Co. at three addresses and that Skorimpex had made a reasonable inquiry as to Lelovic's address and had used all known addresses. As a result, the arbitration proceeded in the absence of the defendant.
The court agreed that the requirements of art. 3 of the Model Law had been met on the issue and agreed with the finding of the arbitral tribunal that the claimant used all addresses known.
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