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ARTICLE · 12 JUNE 2024

La Française IC 2 V. Wires: Abuse Of Process In Arbitral Enforcement Proceedings

Singleton Urquhart Reynolds Vogel LLP
Singleton Urquhart Reynolds Vogel LLP
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In La Française IC 2 v. Wires ("La Francaise"), the Court of Appeal for Ontario has confirmed that the test for resisting enforcement of an international arbitral award is a stringent one.

CanadaLitigation, Mediation & Arbitration
Catherine Gleason-Mercier
Catherine Gleason-Mercier
Nicholas Reynolds
Nicholas Reynolds
Ramez Gries
Ramez Gries

In La Française IC 2 v. Wires ("La Francaise"), the Court of Appeal for Ontario has confirmed that the test for resisting enforcement of an international arbitral award is a stringent one. In allowing an application for enforcement, the Court affirmed a number of important considerations, including the timeliness of arguments and exhaustion of appeal routes, the prioritization of substance over form, as well as the role of abuse of process in order to prevent the re-litigation of issues already subject to arbitration.1

Below, we consider the case and its takeaways.

Background

After entering into a bespoke funding agreement (the "Agreement") with the respondent (Mr. Wires), the appellant (La Francaise IC 2) commenced an arbitration seated in England, and administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the "SCC"), in order to obtain payment under the Agreement.2

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