Canada: Smart System Technologies Inc. v. Domotique Secant Inc. - International Arbitration Court Decisions - 3rd Edition

Subject-matters:
Whether a foreign award should be denied recognition and enforcement on the grounds that it was unreasoned, that the arbitrators exceeded their jurisdiction and that one of the arbitrators improper communicated with one of the parties. Whether the respondent is estopped from resisting the application on the ground that it failed to challenge the award before the courts of the seat of arbitration.

Findings:
Recognition and enforcement of the award would be against public policy because the arbitrators failed to comply with the parties’ agreement requiring a reasoned award. The respondent did not loose the right to resist recognition and enforcement of the award by failing to challenge it before the courts of the seat.

Parties:
Appellant/Respondent: Smart Systems Technologies Inc.
Respondent/Applicant: Domotique Secant Inc.
Place of court proceedings:
Quebec, Canada

Applicable law:
Quebec Code of Civil Procedure

Place of arbitration:
New Mexico, United States of America

Table of Contents:

CANADA

Smart System Technologies Inc. v. Domotique Secant Inc., Decision by the Court of Appeal of Quebec rendered on March 11, 2008 in Case No 500-09-016097-057 ("Smart Systems Technologies Inc. vs. Domotique Secant Inc.")

SUBJECT-MATTERS:
Whether a foreign award should be denied recognition and enforcement on the grounds that it was unreasoned, that the arbitrators exceeded their jurisdiction and that one of the arbitrators improper communicated with one of the parties. Whether the respondent is estopped from resisting the application on the ground that it failed to challenge the award before the courts of the seat of arbitration.