Can A Party Enforce An Arbitration Award In One Court And Litigate The Issue In Another Court?


The Ontario courts have recently considered two questions with respect to the enforcement of an arbitration award:

Should the court refuse to enforce an award because the party which seeks to enforce it is taking proceedings in another jurisdiction which contradict the award?

And should an anti-suit injunction be issued against that party to stop those other proceedings?

The Ontario courts said No. While this result occurred in the context of an international arbitration, the result would seem to be as applicable to arbitrations under domestic construction contracts.

This decision is a clear reminder of the power and effect of an arbitral award.

arbitration - enforcement - anti-suit injunction

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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