International Arbitration Comparative Guide

1 Legal framework 1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime - for example, does it govern oral arbitration agreements? Canada has a federal legal system and the legislation governing arbitration is primarily found at the provincial/territorial level (as opposed to the federal level). Each province has separate legislation for international and domestic arbitration.

With regard to international arbitration, each province and territory (with the exception of Quebec, discussed below) has adopted the UNCITRAL Model Law, with corresponding legislation to adapt the model law (United Nations Commission on International Trade Law, UNCITRAL Model Law on International Commercial Arbitration 1985 (Vienna: United Nations, 1985), adopted by Alberta, Saskatchewan, Manitoba, New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland, Yukon, Nunavut and Northwest Territories (under Nunavut's legislation); and United Nations Commission on International Trade Law, UNCITRAL Model Law on International Commercial Arbitration 1985, with Amendments as Adopted in 2006 (Vienna: United Nations, 2006), adopted by British Columbia and Ontario.) For instance, British Columbia and Ontario modified the model law to exclude interprovincial arbitration from its application (International Commercial Arbitration Act, RSBC 1996, c 233; International Commercial Arbitration Act, RSO 1990, c I-9). The provincial international arbitration acts require arbitration agreements to be in writing (International Commercial Arbitration Act, RSBC 1996, c 233; International Commercial Arbitration Act, RSA 2000, c 1-5; International Commercial Arbitration Act, SS 1988-1989, c I-10.2; International Commercial Arbitration Act, CCSM, c C-151; International Commercial Arbitration Act, RSO 1990, c I-9; Civil Code of Procedure, R.S.Q., c C-25 (as am.), Articles 940-952; Québec Civil Code, S.Q. 1991, c 64, Articles 2638-2643, 3121, 3133, 3148 and 3168; International Commercial Arbitration Act, SNB 1986, c I-12.2; International Commercial Arbitration Act, RSNS 1989, c 234; International Commercial Arbitration Act, 1988, c I-5; International Commercial Arbitration Act, RSN 1990, c I-15; International Commercial Arbitration Act, RSNWT 1988, c I-6; International Commercial Arbitration Act, RSY 2002, c 123).

All provinces and territories have enacted legislation governing domestic arbitration agreements, the appointment of arbitrators, and the conduct and jurisdiction of arbitral tribunals (Arbitration Act, RSA 2000, c A-43; Arbitration Act, RSBC 1996, c 55; Arbitration Act, CCSM c A120; Arbitration Act, RSNB 2014, c 100; Arbitration Act, RSNL 1990, c A-14; Arbitration Act, RSNS 1989, c 19; Arbitration Act, 1991, SO 1991, c 17; Arbitration Act, RSPEI 1988, c A-16; Arbitration Act, 1992, SS 1992, c A-24.1; Arbitration Act, RSNWT 1988, c A-5; Arbitration Act, RSY 2002, c 8; Civil Code of Procedure (RSQ, c C-25 (as am), Articles 940-952); Quebec Civil Code (SQ 1991, c 64, Articles 2638-2643, 3121, 3133, 3148 and 3168)). The legislation varies among provinces, particularly with respect to appeal rights and contracting-out of certain procedural provisions. Whether a domestic arbitration agreement must be in writing varies by province and context (for example, Newfoundland, Northwest Territories and Nunavut, Yukon, Prince Edward Island and Quebec require arbitration agreements to be in writing. Meanwhile, the relevant statutes in Ontario, Alberta, Manitoba, New Brunswick, Nova Scotia and Saskatchewan expressly state that arbitration agreements need not be in writing).

There is one federal statute, which is based on the UNCITRAL Model Law (Commercial Arbitration Act, RSC 1985, c 17 (2nd Supp). This legislation applies only in relation to matters where at least one of the parties to the arbitration is the crown, a federal departmental corporation or a crown corporation, or in relation to a maritime or admiralty matter (International Commercial Disputes: A Guide to Arbitration and Dispute Resolution in APEC Member Economies (Singapore: APEC Secretariat, 1999)).

In Quebec, arbitration is governed by the Civil Code of Quebec (CCQ) and the Code of Civil Procedure (CCP). Although Quebec has not incorporated the model law, the relevant legal provisions in the CCP and in the CCQ are essentially in line with international conventions. The criteria for the validity and interpretation of an arbitration agreement are set out in Articles 2638 to 2642 of the CCQ and correspond to Sections 7(1) and 7(2) of the model law. The conduct of the arbitration is regulated by the CCP, which also covers the recognition and enforcement of the arbitration award. The provisions of the CCP apply when no agreement to the contrary has been concluded.

1.2 Does this legislation differentiate between domestic arbitration and international arbitration? If so, how is each defined? The legislation governing arbitration is primarily found at the provincial/territorial level (as opposed to the federal level), and is divided between international and domestic arbitration.

With regard to international arbitration, each province and territory has adopted the UNCITRAL Model Law and adapted it (Corporacion Transnacional de Inversiones, SA de CV v STET International, SpA, [1999] OJ No 3573, 45 OR (3d) 183 (Ont SCJ)).

In addition, each province has legislation which regulates domestic commercial arbitrations. These laws vary from province to province, particularly with respect to appeal rights, contracting-out of procedural provisions, the power of courts to issue a stay of proceedings, the consolidation of arbitration proceedings and the relationship between mediation and arbitration (Commercial Arbitration Act (RSC 1985, c 17 (2nd Supp)) (Canada); International Commercial Arbitration Act (RSBC 1996, c 233) (British Columbia); International Commercial Arbitration Act (RSA 2000, c 1-5) (Alberta); International Commercial Arbitration Act (SS 1988-1989, c I-10.2) (Saskatchewan); International Commercial Arbitration Act (CCSM, c C-151) (Manitoba); International Commercial Arbitration Act (RSO 1990, c I-9) (Ontario); Civil Code of Procedure (RSQ, c C-25 (as am), Articles 940-952); Quebec Civil Code (SQ 1991, c 64, Articles 2638-2643, 3121, 3133, 3148 and 3168) (Quebec); International Commercial Arbitration Act (SNB 1986, c I-12.2) (New Brunswick); International Commercial Arbitration Act (RSNS 1989, c 234) (Nova Scotia); International Commercial Arbitration Act (1988, c I-5) (Prince Edward Island); International Commercial Arbitration Act (RSN 1990, c I-15) (Newfoundland and Labrador); International Commercial Arbitration Act (RSNWT 1988, c I-6) (Northwest Territories, and Nunavut under the Nunavut Act (SC 1993 c 28, s 29); International Commercial Arbitration Act (RSY 2002, c 123) (Yukon Territory)).

The is based on the UNCITRAL Model Law (Commercial Arbitration Act, RSC 1985, c 17 (2nd Supp). This legislation applies only in relation to matters where at least one of the parties to the arbitration is the crown, a federal departmental corporation or a crown corporation, or in relation to a maritime or admiralty matter (Commercial Arbitration Act, RSC 1985, c 17 (2nd Supp) at Article 5(2)).

In Quebec, Chapter VIII of the CCP provides that international trade interests are considered to be involved in arbitration proceedings in certain circumstances.

If international trade interests, including interprovincial trade interests, are involved in arbitration proceedings, consideration may be given, in interpreting Chapter VIII of the CCP, to the model law, its amendments and certain related documents.

1.3 Is the arbitration legislation in your jurisdiction based on the UNCITRAL Model Law on International Commercial Arbitration? Yes, international arbitration legislation in Canada and its provinces and territories is modelled on the UNCITRAL Model Law (United Nations Commission on International Trade Law, UNCITRAL Model Law on International Commercial Arbitration 1985 (Vienna: United Nations, 1985), adopted by Alberta, Saskatchewan, Manitoba, New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland, Yukon, Nunavut and Northwest Territories (under Nunavut's legislation); and United Nations Commission on International Trade Law, UNCITRAL Model Law on International Commercial Arbitration 1985, with Amendments as Adopted in 2006 (Vienna: United Nations, 2006), adopted by British Columbia and Ontario).

The one federal statute is based on the UNCITRAL Model Law (Commercial Arbitration Act, RSC1985, c 17 (2nd Supp)). This legislation applies only in relation to matters where at least one of the parties to the arbitration is the crown, a federal departmental corporation or a crown corporation or in relation to a maritime or admiralty matter (Commercial Arbitration Act, RSC 1985, c 17 (2nd Supp) at Article 5(2)).

In June 1986 Canada became the first country to adopt the UNCITRAL Model Law.

Although the Quebec legislature did not choose to adopt the model law in 1986, when the Quebec legislature introduced a complete reform of the arbitration provisions of the CCP, the substance of several concepts was incorporated into the legislation, which is more compatible with the style of the civil law tradition. At the time of their adoption, Quebec's National Assembly made it very clear that these concepts would constitute the "faithful reflection" of the model law. In principle, it is therefore important always to interpret the rules relating to conventional arbitration in force in Quebec, taking into account the relevant transnational sources.

In 2016, while the latest reform of the CCP was taking place, the Quebec legislature maintained its position by choosing to not adopt the model law, but nevertheless reflected its concepts in the drafting of the legislation.

1.4 Are all provisions of the legislation in your...