TITLE II OF RECOGNITION AND EXECUTION OF ARBITRATION AWARDS MADE OUTSIDE QUEBEC

948. This Title applies to an arbitration award made outside Quebec whether or not it has been ratified by a competent authority.

The interpretation of this Title shall take into account, where applicable, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards as adopted by the United Nations Conference on International Commercial Arbitration at New York on 10 June 1958.

1965 (1st sess.), c. 80, a. 948; 1986, c. 73, s. 2.

949. An arbitration award shall be recognized and executed if the matter in dispute is one that may be settled by arbitration in Quebec and if its recognition and execution are not contrary to public order.

1965 (1st sess.), c. 80, a. 949; 1986, c. 73, s. 2.

949.1. An application for recognition and execution is made by way of a motion for homologation to the court which would have had competence in Quebec to decide the matter in dispute submitted to the arbitrators.

The motion must be accompanied with the original or a copy of the arbitration award and of the arbitration agreement. These originals or copies must be authenticated by an official representative of the Government of Canada, by a delegate-general, delegate or head of delegation of Quebec carrying on his duties outside Quebec, or by the government or a public officer of the place where the award was made.

1986, c. 73, s. 2.

950. A party against whom an arbitration award is invoked may object to its recognition and execution by establishing that

(1) one of the parties was not qualified to enter into the arbitration agreement;

(2) the arbitration agreement is invalid under the law elected by the parties or, failing any indication in that regard, under the laws of the place where the arbitration award was made;

(3) the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitration proceedings or was otherwise unable to present his case;

(4) the award deals with a dispute not contemplated by or not falling within the terms of the arbitration agreement, or it contains decisions on matters beyond the scope of the agreement;

(5) the manner in which the arbitrators were appointed or the arbitration procedure did not conform with the agreement of the parties or, if there was not agreement, with the laws of the place where the arbitration took place; or

(6) the arbitration award has not yet become binding on the parties or has been set aside or suspended by a competent authority of the place or pursuant to the laws of the place in which the arbitration award was made.

In the case of subparagraph 4 of the first paragraph, if the irregular provision of the arbitration award described in that paragraph can be dissociated from the rest, the rest may be recognized and declared executory.

1965 (1st sess.), c. 80, a. 950; 1970, c. 63, s. 3; 1986, c. 73, s. 2.

951. The court may postpone its decision in respect of recognition and execution of an arbitration award if the competent authority referred to in subparagraph 6 of the first paragraph of article 950 has made an application to have the award set aside or suspended.

If the court postpones its decision, it may, on the application of the party applying for recognition and execution of the award, order the other party to furnish security.

1965 (1st sess.), c. 80, a. 951; 1986, c. 73, s. 2.

951.1. A court examining an application for recognition and execution of an arbitration award cannot enquire into the merits of the dispute.

1986, c. 73, s. 2.

951.2. The arbitration award as homologated is executory as a judgment of the court.

1986, c. 73, s. 2.

952. (Set aside by consolidation).

1965 (1st sess.), c. 80, a. 952.