jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 Except as otherwise provided in this Act, words and expressions used in this Part have the same meaning as the corresponding words and expressions in the Convention.
2 (1) Subject to this Act, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, adopted by the United Nations Conference on International Commercial Arbitration in New York on 10 June 1958 and set out in Schedule 1, has force of law in Ontario in relation to arbitral awards or arbitration agreements in respect of differences arising out of commercial legal relationships. Same (2) Subsection (1) applies to arbitral awards and arbitration agreements whether made before or after the coming into force of this Act. Determining application (3) In determining whether the Convention applies to certain types of arbitral awards, (a) an arbitral award made in a jurisdiction within Canada that is considered to be international in that jurisdiction is not considered to be a domestic award for the purpose of article I (1) of the Convention; and (b) an arbitral award made in a jurisdiction within Canada that is not considered to be international in that jurisdiction is considered to be a domestic award for the purpose of article I (1) of the Convention.
3 For the purpose of seeking recognition and enforcement of an arbitral award pursuant to the Convention, application shall be made to the Superior Court of Justice. Part II   The Model Law
4 Except as otherwise provided in this Act, words and expressions used in this Part have the same meaning as the corresponding words and expressions in the Model Law.
5 (1) Subject to this Act, the Model Law on International Commercial Arbitration, adopted by the United Nations Commission on International Trade Law on 21 June 1985, as amended by the United Nations Commission on International Trade Law on 7 July 2006, set out in Schedule 2, has force of law in Ontario. Same (2) With respect to article 7 of the Model Law, option I applies in Ontario; option II does not. Same (3) The Model Law applies to international commercial arbitration agreements and awards made in international commercial arbitrations, whether made before or after the coming into force of this Act.
6 (1) For the purposes of subsection 5 (1), the words and expressions listed in Column 2 of the following table, as used in the provisions of the Model Law set out in Column 1 of the table, shall be read as the words and expressions listed in the corresponding row of Column 3 of the table. Table  Column 1   Column 2   Column 3 

  article 1 (1)   “agreement in force between this State and any other State or States”   “an agreement that is in force in Ontario between Canada and any other country or countries” 

  articles 1 (2), 17 J, 27, 34 (2) (a) (i), 34 (2) (b) (ii), and 36(1) (b) (ii)   “this State”   “Ontario” 

  article 1 (3)   “different States” and “the State”   “different countries” and “the country”, respectively 

  article 1 (5)   “any other law of this State”   “any other law of Ontario or laws of Canada that are in force in Ontario” 

  articles 34 (2) (b) (i), and 36 (1) (b) (i)   “the law of this State”   “the law of Ontario and any laws of Canada that are in force in Ontario” 

  article 35 (2)   “this State”   “Canada”  Same, “court” or “competent court” (2) “Court” or “competent court”, when used in the Model Law in reference to an Ontario court, shall be read as a reference to the Superior Court of Justice unless the context requires otherwise. Use of extrinsic material (3) In applying the Model Law, recourse may be had to, (a) the Reports of the United Nations Commission on International Trade Law on the work of its 18th (3 – 21 June 1985) and 39th (19 June – 7 July 2006) sessions (U.N. Docs. A/40/17 and A/61/17); (b) the International Commercial Arbitration Analytical Commentary on Draft Text of a Model Law on International Commercial Arbitration (U.N. Doc A/CN.9/264); and (c) the Commentary of the United Nations Commission on International Trade Law concerning the UNCITRAL Model Law on International Commercial Arbitration 1985 with Amendments as Adopted in 2006 (U.N. Sales No. E.08.V.4).
7 Despite article 28 (2) of the Model Law, if the parties fail to make a designation pursuant to article 28 (1) of the Model Law, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances respecting the dispute. Part III   General
8 (1) If all parties to two or more arbitral proceedings have agreed to consolidate those proceedings, a party, with notice to the others, may apply to the Superior Court of Justice for an order that the proceedings be consolidated as agreed to by the parties. Consolidation permissible without order (2) Subsection (1) does not prohibit parties from consolidating arbitral proceedings without a court order. Powers of court (3) On an application under subsection (1), if all parties to the arbitral proceedings have agreed to consolidate the proceedings but have not agreed, through the adoption of procedural rules or otherwise, to the following matters, the court may, subject to subsection (4), make an order deciding either or both of those matters: 1. The designation of parties as claimants or respondents or a method for making those designations. 2. The method for determining the composition of the arbitral tribunal. Same, limitation (4) If the arbitral proceedings are under different arbitration agreements, no order shall be made under subsection (1) unless, by their arbitration agreements or otherwise, the parties have agreed, (a) to the same place of arbitration or a method for determining a single place of arbitration for the consolidated proceeding within Ontario; (b) to the same procedural rules or a method for determining a single set of procedural rules for the conduct of the consolidated proceedings; and (c) either to have the consolidated proceedings administered by the same arbitral institution or to have the consolidated proceedings not be administered by any arbitral institution. Relevant circumstances (5) In making an order under this section, the court may have regard to any circumstances that it considers relevant, including whether, (a) one or more arbitrators have been appointed in one or more of the arbitral proceedings; (b) the applicant delayed applying for the order; or (c) any material prejudice to any of the parties or any injustice may result from making an order.
9 Where, pursuant to article II (3) of the Convention or article 8 of the Model Law, a court refers the parties to arbitration, the proceedings of the court are stayed with respect to the matters to which the arbitration relates.
10 No application under the Convention or the Model Law for recognition or enforcement (or both) of an arbitral award shall be made after the later of December 31, 2018 and the tenth anniversary of, (a) the date on which the award was made; or (b) if proceedings at the place of arbitration to set aside the award were commenced, the date on which the proceedings concluded.
11 (1) If, pursuant to article 16 (2) of the Model Law, an arbitral tribunal rules on a plea that it does not have jurisdiction, any party may apply to the Superior Court of Justice to decide the matter. No appeal (2) The court’s decision under subsection (1) is not subject to appeal. Effect on other matters (3) If the arbitral tribunal rules on the plea as a preliminary question and an application is brought under this section, the proceedings of the arbitral tribunal are not stayed with respect to any other matters to which the arbitration relates and are within its jurisdiction.