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The Federal Court recognized an arbitral award as enforceable, but refused as premature the requested declarations about a maritime lien’s priority, assignment, and vessel sale.
The court recognized a final arbitral award as binding, but refused enforcement for now because a Court of Appeal order had stayed execution proceedings.
The court dismissed a late application for leave to appeal arbitral awards, refused to extend time, and enforced the awards in favour of Clean Harbors.
The appeals were quashed because an order refusing leave to appeal on the merits is not appealable and, given s.50(3) of the Arbitration Act, the arbitral award must be enforced; accordingly both appeals were dismissed and costs awarded against the appellant.
Source excerpt
The Federal Court returned an adjudicator’s award for clarification so it could be enforced, holding the adjudicator was not functus officio.
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