C-25.01 - Code of Civil Procedure

Section 646 Disposition versions

2016-01-01

646. The court cannot refuse to homologate an arbitration award or a provisional or safeguard measure unless it is proved that

(1)  one of the parties did not have the capacity to enter into the arbitration agreement;

(2)  the arbitration agreement is invalid under the law chosen by the parties or, failing any indication in that regard, under Québec law;

(3)  the procedure for the appointment of an arbitrator or the applicable arbitration procedure was not observed;

(4)  the party against which the award or measure is invoked was not given proper notice of the appointment of an arbitrator or of the arbitration proceedings, or it was for another reason impossible for that party to present its case; or

(5)  the award pertains to a dispute not referred to in or covered by the arbitration agreement, or contains a conclusion on matters beyond the scope of the agreement, in which case only the irregular provision is not homologated if it can be dissociated from the rest.

The court cannot refuse to homologate the arbitration award on its own initiative unless it notes that the subject matter of the dispute is not one that may be settled by arbitration in Québec or that the award or measure is contrary to public order.

2014, c. 1, a. 646.