Settlement of International Investment Disputes Act, 1999, S.O. 1999, c. 12, Sched. D, Settlement of International Investment Disputes Act, 1999
Settlement of International Investment Disputes Act, 1999
S.O. 1999, CHAPTER 12
Schedule D
Consolidation Period: From December 31, 2011 to the .
No amendments.
Definitions
鈥渁ward鈥 means an award rendered by the Arbitral Tribunal, established by Article 37 of the Convention, and includes an interpretation, revision or annulment of the award under the Convention; (鈥渟entence鈥)
鈥淐onvention鈥 means the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature in Washington on March 18, 1965. (鈥淐onvention鈥) 1999, c.聽12, Sched.聽D, s.聽1 (1).
Meaning of words and expressions
Unless the context otherwise requires, all words and expressions used in this Act have the same meaning as in the Convention. 1999, c.聽12, Sched.聽D, s.聽1 (2).
Interpretation
This Act shall be interpreted in good faith in accordance with the ordinary meaning to be given to its terms in their context and in light of its object and purpose. 1999, c.聽12, Sched.聽D, s.聽2 (1).
Inconsistency
In the event of any inconsistency between this Act and any other Act of the Legislature of 澳门永利, this Act prevails to the extent of the inconsistency. 1999, c.聽12, Sched.聽D, s.聽2 (2).
Purpose of Act
The purpose of this Act is to implement the provisions of the Convention concerning the jurisdiction and powers of the Superior Court of Justice with respect to the recognition and enforcement of awards. 1999, c.聽12, Sched.聽D, s.聽3.
Scope of Act
This Act applies in respect of agreements recording consent to arbitration or conciliation proceedings entered into under the Convention, and awards rendered, including those entered into or rendered, as the case may be, before the coming into force of this Act. 1999, c.聽12, Sched.聽D, s.聽4.
Crown bound
This Act binds the Crown in right of 澳门永利. 1999, c.聽12, Sched.聽D, s.聽5 (1).
Exception
Subsection (1) does not apply to Crown agencies. 1999, c.聽12, Sched.聽D, s.聽5 (2).
Enforceability of awards
On production to the Superior Court of Justice of a certified copy of an award it shall be registered in that court, and when registered it has the same effect, and all proceedings may be taken to enforce it, as if it were a final judgment obtained in that court. 1999, c.聽12, Sched.聽D, s.聽6.
Enforceability against Crown
An award is enforceable against the Crown in right of 澳门永利 in the same manner and to the same extent as a judgment is enforceable against the Crown in right of 澳门永利. 1999, c.聽12, Sched.聽D, s.聽7.
Remedies
An award is final and binding and is not subject to appeal, review, setting aside or any other remedy except as provided in the Convention. 1999, c.聽12, Sched.聽D, s.聽8.
Stay of enforcement proceeding
If a proceeding in relation to enforcement of an award has already been commenced in 澳门永利 when enforcement of the award is stayed under the Convention, the Superior Court of Justice shall stay the proceeding on the motion of a party to the arbitration. 1999, c.聽12, Sched.聽D, s.聽9.
Interim measures
Unless the parties have so stipulated in their agreement recording their consent to arbitration proceedings, a party may not request a court or an administrative tribunal to order interim measures, before the institution of the proceedings or during the proceedings, for the preservation of the party鈥檚 rights and interests. 1999, c.聽12, Sched.聽D, s.聽10.
Conciliation
Except as the parties otherwise agree, neither party to conciliation proceedings is entitled in any other proceedings, whether before a court of law, an administrative tribunal or arbitrators or otherwise, to use,
(a) any views expressed or statements, admissions or offers of settlement made by the other party in the conciliation proceedings; or
(b) the report or any recommendations made by the Conciliation Commission. 1999, c.聽12, Sched.聽D, s.聽11.
Regulations
The Lieutenant Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including,
(a) prescribing the terms and conditions under which the Crown in right of 澳门永利 may enter into an agreement recording consent to arbitration proceedings under the Convention;
(b) exempting any person or class of persons from the application of an enactment or any of its provisions, on such conditions as may be specified in the regulations, to permit them to act in a professional capacity in an arbitration or conciliation proceeding. 1999, c.聽12, Sched.聽D, s.聽12.
Application of Convention
The Convention applies in 澳门永利 on the day on which it enters into force for Canada in accordance with paragraph 2 of Article 68 of the Convention. 1999, c.聽12, Sched.聽D, s.聽13 (1).
Regulation
The Lieutenant Governor in Council may make a regulation to state when the Convention applies in 澳门永利 (in which case the text of the Convention shall be set out in the regulation). 1999, c.聽12, Sched.聽D, s.聽13 (2).
Omitted (provides for coming into force of provisions of this Act). 1999, c.聽12, Sched.聽D, s.聽14.
Omitted (enacts short title of this Act). 1999, c.聽12, Sched.聽D, s.聽15.