[1] On August 28, 2003, the Applicant ("TMR") applied to this court to have a foreign arbitral award (the "Award") made in its favour against State Property Fund of Ukraine ("SPF") recognized and enforced pursuant to the Convention on the Recognition and Enforcement of Arbitral Awards adopted by the United Nations Conference on International Commercial Arbitration in New York on June 10, 1958 (the "New York Convention") which Convention applies in this Province pursuant to the provisions of the International Commercial Arbitration Act, RSNL 1990, c. I-15.

[2] The Award was rendered in Stockholm, Sweden, on May 30, 2002 by an arbitration panel of three arbitrators established under the auspices of the Arbitration Institute of the Stockholm Chamber of Commerce. On the title page of the Award the "Claimant" is described as TMR Energy Ltd. and the Respondent is described as "The State Property Fund of Ukraine". In s. 1 of the Award entitled "Introduction and Procedure" the arbitration panel set out the history of the various dealings giving rise to the disputes which were ultimately referred to arbitration and it stated: