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Case 385: MAL 35, 36
Canada: Ontario Court of Justice - General Division (Somers J.)
December 19, 1994.
Murmansk Trawl Fleet v. Bimman Realty Inc.
Original in English
Published in English: [1994] O.J. No. 3018
Murmansk Trawl Fleet and Bimman Realty entered into an agreement for the processing of fish skins into a leather product. The case does not specify the origins of the parties but their contracts refers to the Russian and English texts of their agreement thereby indicating the international nature of their relationship. A dispute arose between the parties and an arbitral award was rendered in New York against Bimman.
Murmansk sought enforcement in Ontario but Bimman objected, citing art. 36 of the MAL. Bimman claimed that the award was not binding in New York as it had not been confirmed by a New York court in accordance with state or federal law.
The Court rejected this argument given that confirmation under New York law related only to enforcement in New York. Enforcement in Ontario was governed by the MAL and not New York state law. An order for the enforcement of the New York arbitral award was made.
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Abstracts of cases
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