Foreign Arbitral Deference Still Trending In Canadian Courts

Lincoln Caylor and Ranjan Agarwal write an Expert Analysis in Law360 on “Foreign Arbitral Deference Still Trending In Canadian Courts.”

They look at how Canada’s adoption of two jurisprudential guidelines places its courts in the position of having to grapple with how to apply the public policy exception when international arbitration awards are on the docket and awaiting enforcement.

Through federal, provincial and territorial legislation, Canada has accepted the tenets of both the New York Convention and the Model Law. The public policy exception appears in Article V of the New York Convention and in Article 34 of the Model Law.

Lincoln and Ranjan provide their insights on:

• The test for the public policy exception
• Successful applications of the public policy exception
• Recent application of the public policy exception
• Third party funding does not offend public policy in British Columbia