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The court dismissed Yan Qiao’s application to set aside default judgment, finding no plausible lack-of-notice explanation, no prompt action, and no defence worthy of investigation.
The court recognized and enforced a Swiss arbitral award, rejected a public policy objection based on alleged double recovery, and denied a stay of execution.
Appeal dismissed. The court held SFI could recover reasonable enforcement costs, including amounts paid to a third party under its Mareva undertaking, and found no reviewable error in the quantum.
The parties expressly agreed to Sharia arbitration, the arbitrator was qualified and had jurisdiction, the award was final and binding, the appellants' invocation of the ICAA was out of time, and there was no unfairness warranting setting aside; therefore the appeal must be dismissed and the foreign arbitral decision given effect.
Source excerpt
Because the respondent filed an affidavit attesting to and attaching a certified translation and a copy of the arbitral verdict bearing apparent signatures and no objection to form or accuracy was raised before the application judge, the judge properly accepted the evidence as satisfying Article 35(2) and properly recognized and ordered enforcement of the German arbitral verdict; the appeal is dismissed.
Source excerpt
The Court of Appeal for British Columbia held that leave to appeal was not required because Rule 10-4(5) only requires an undertaking as to damages, not an order for damages.
Motion dismissed because respondent could not use Rule 61.06(1)(c) to circumvent the established bar preventing a respondent from accessing Rule 56.01 grounds against a defendant-appellant defending enforcement proceedings; Donaldson was an impecunious defendant-appellant entitled to continue defending without providing security.
Source excerpt
The Federal Court dismissed an appeal seeking seizure of a third party ship to satisfy a debt owed by India, finding no basis to treat the shipowner as India’s alter ego.
The court adjourned enforcement of a foreign arbitral award pending U.S. appeal proceedings, but ordered security and payment into trust to protect the award creditor.
The court adjourned an enforcement hearing for an international arbitral award pending an Oregon court’s decision on a set-aside motion, and refused security.
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