COURT OF APPEAL OF QUEBEC DECISION IN CASE NO: 500-09-016097-057 ON MARCH 11, 2008 “Smart Systems Technologies Inc. vs. Domotique Secant Inc.” - Stockholm International Arbitration Review (SIAR) 2009 No. 1
COURT OF APPEAL OF QUEBEC DECISION IN CASE NO: 500-09-016097-057 ON MARCH 11, 2008 “Smart Systems Technologies Inc. vs. Domotique Secant Inc.”
Subject-matters: Whether a foreign award should be denied recognition and enforcement on the grounds that it was unreasoned, that the arbitrators exceeded their jurisdiction and that one of the arbitrators improper communicated with one of the parties. Whether the respondent is estopped from resisting the application on the ground that it failed to challenge the award before the courts of the seat of arbitration.
Findings: Recognition and enforcement of the award would be against public policy because the arbitrators failed to comply with the parties’ agreement requiring a reasoned award. The respondent did not loose the right to resist recognition and enforcement of the award by failing to challenge it before the courts of the seat.
Appellant/Respondent: Smart Systems Technologies Inc.
Respondent/Applicant: Domotique Secant Inc.
Place of court proceedings: Quebec, Canada
Applicable law: Quebec Code of Civil Procedure
Place of arbitration: New Mexico, United States of America