Supreme Court Denies Leave to Appeal from Foreign Arbitral Award Enforcement Decision

The Supreme Court of Canada has refused to grant leave to appeal from the Sociedade-de-formento decision. Earlier this year, the B.C. Court of Appeal held that Mareva injunction can be granted in the enforcement of foreign arbitral awards in Canada, even if another jurisdiction may be more favourable. As a signatory to the New York Convention, provincial courts in Canada must recognize and enforce an international arbitration award on the same basis as a domestic award for both final judgment and interlocutory purposes.

For more details of the case, please see our previous post.