Wilk v. Arbour (2017), 135 O.R. (3d) 708,  O.J. No. 164, 2017 ONCA 21,
97 C.P.C. (7th) 61, 407 D.L.R. (4th) 222, 274 A.C. W.S. (3d) 460
Statutes referred to
Commercial Arbitration Act, R.S.C. 1985, c. 17 (2nd. Supp.)
International Commercial Arbitration Act, R.S.O. 1990, c. I.9 [rep.]
International Commercial Arbitration Act, 2017, S.O. 2017, c. 2, Sch. 5, s. 5(3)
Authorities referred to
Blackaby, Nigel, and Constantine Partasides, Redfern and Hunter on International
Arbitration, 6th ed. (Oxford: Oxford University Press, 2015)
Born, Gary B., International Commercial Arbitration, 2d ed. (The Netherlands:
Kluwer Law International, 2014)
Casey, J. Brian, Arbitration Law of Canada: Practice and Procedure, 3rd ed. (
Huntington, NY: JurisNet, 2017)
Treaties and conventions referred to
Convention on the Recognition and Enforcement of Foreign Arbitral Awards,
Geneva Convention on the Execution of Foreign Arbitral Awards of 1927
Model Law on International Commercial Arbitration, arts. 32, 33, (1)(a), (1)(b), (3),
34, (1), (2), (a)( iv), (3), 35, 36, (1)(a)( v)
APPEAL from the order of Dow J.,  O.J. No. 5716, 2017
ONSC 4581 (S.C.J.) dismissing an application for recognition and
enforcement of an international commercial arbitration award.
Marvin J. Huberman and Daniel Sheppard, for appellants.
Colin P. Stevenson and Neil G. Wilson, for respondents.
The judgment of the court was delivered by
D.M. BROWN J.A.: —
 This appeal concerns when an international commercial
arbitration award becomes “binding” on the parties for the purposes of judicial recognition and enforcement.
 In Ontario, the recognition and enforcement of international
commercial arbitration awards is governed by the International
Commercial Arbitration Act, 2017, S.O. 2017, c. 2, Sch. 5 (the
“ICAA”),1 the successor to the International Commercial Arbitration Act, R.S.O. 1990, c. I.9, the legislation in effect at the time of
the arbitration in this case.
1 Section 5(3) of the ICAA provides that “[t]he 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 [the ICAA]” (which was March 22, 2017).