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ARTICLE · 13 JULY 2023

Ontario Court Of Appeal Decision Highlights High Threshold For Interference With International Arbitrations

The Court of Appeal's holding is illustrative of the particularly high threshold and narrow test that the courts will apply before interfering with international arbitration decisions.

CanadaLitigation, Mediation & Arbitration

In its recent decision in All Communications Network of Canada v. Planet Energy Corp. (All Communications),1 the Ontario Court of Appeal upheld a nearly CA$30 million arbitral award, rejecting the appellant's arguments under international arbitration law that procedural fairness had been breached and that the arbitral award was contrary to public policy.

The Court of Appeal's holding is illustrative of the particularly high threshold and narrow test that the courts will apply before interfering with international arbitration decisions. In Ontario, judicial intervention in international arbitrations for violating procedural fairness requires conduct "so serious it cannot be condoned under the law," and even intervention purely on jurisdiction requires a "circumspect" approach and a "narrow view." Similarly, the public policy argument for judicial interference should only be invoked if the judgment involves an illegal act, or the action involves acts "repugnant to

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