C-25 - Code of Civil Procedure

Section 950 Disposition versions

1986-11-11

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.

1977-12-31

950. The award of arbitrators can only be executed under the authority of a court having jurisdiction, and upon motion for homologation, to have the party condemned to execute it.

The court before which such suit is brought may examine into any grounds of nullity which affect the award or into any other questions of form which may prevent its being homologated; it cannot, however, enquire into the merits of the contestation.

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