At the conclusion of an arbitration, it is not uncommon for successful parties to ask their counsel when proceedings can be commenced to enforce an award. Oftentimes, they are concerned that the losing parties might liquidate their assets or move them to a jurisdiction where enforcement is more difficult. However, there is some uncertainty, both internationally and in Canada, with respect to when arbitral awards become ripe for enforcement. This article examines that uncertainty, and suggests that arbitration practitioners should commence enforcement proceedings as soon as possible following the conclusion of an arbitration to avoid the foregoing risks. Published by the ADR Institute of Canada Inc. in the November 2014 edition of ADR Perspectives.
Bennett Jones