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ARTICLE · 15 APRIL 2026

Ontario Court Upholds High Bar For Public Policy Challenges To Foreign Arbitral Awards

Blake, Cassels & Graydon LLP
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In Feicheng Mining Group v. Liu, the Ontario Superior Court of Justice reaffirmed the high bar for resisting enforcement of foreign arbitral awards on public policy grounds, holding that the defence targets...

CanadaLitigation, Mediation & Arbitration
Sahil Kesar
Sahil Kesar
Bradley Berg
Bradley Berg
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In Feicheng Mining Group v. Liu, the Ontario Superior Court of Justice reaffirmed the high bar for resisting enforcement of foreign arbitral awards on public policy grounds, holding that the defence targets “repugnant laws and not repugnant facts.”

Proceedings in China

The applicant, a Chinese state-owned company, commenced an arbitration before the China International Economic and Trade Arbitration Commission (CIETAC) against the respondent pursuant to a repayment agreement (Repayment Agreement) in which the respondent assumed joint and several liability for the debts of a corporation in which he was a 50% shareholder and director.

The parties fully participated in the arbitration before the CIETAC, including by making submissions on the validity of the Repayment Agreement.

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