C-25 - Code of Civil Procedure

Section 946.4 Disposition versions

1986-11-11

946.4. The court cannot refuse homologation except on proof 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 Québec;

(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; or

(5)  the mode of appointment of arbitrators or the applicable arbitration procedure was not observed.

In the case of subparagraph 4 of the first paragraph, the only provision not homologated is the irregular provision described in that paragraph, if it can be dissociated from the rest.

1986, c. 73, s. 2.