The Legal Framework for Arbitration in Canada

 General Information

  • UNICITRAL Model- Law based: Yes
  • Legal Provisions:
    • All of Canada's provinces and territories are common law jurisdictions, with exception of Quebec, which is a civil law jurisdiction;
    • Federal Commercial Arbitration Act (R.S.C., 1985, c.17) (2nd Supp.), applies only if at least one of the parties to the arbitration is the Her Majesty in right of Canada, a department corporation, or a Crown corporation or in relation to martitime or admiralty matters. English version available on the website of the Government of Canada Justice Laws.
    • Each province has itw own arbitration legislation, one that governs international arbitration and one governing all other arbitrations;
    • Quebec (civil law jurisdiction): Book VII, Title II Code of Civil Procedure and The Civil Code of Quebec.

Multilateral Conventions

  • New York Convention: Yes (accession: 12 May 1986); reservations and declarations: The Government of Canada declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the laws of Canada, except in the case of the Province of Quebec where the law does not provide for such limitation.
  • European Convention: No
  • ICSID- Convention: Yes (ratification:1 November 2013; entry into force: 1 December 2013); reservations: none.
  • Energy Charter Treaty; No.

Arbitral institutions

Last updated July 2017