The respondent to an application for recognition and enforcement of a foreign arbitral award moved to adjourn enforcement pending the outcome of an annulment proceeding in the originating jurisdiction.
The court considered Articles 35 and 36 of the UNCITRAL Model Law incorporated into the International Commercial Arbitration Act.
Applying the balance of convenience approach developed in Canadian jurisprudence, the court held that only an "issue to be tried" was required and that the possibility of the award being set aside justified a temporary adjournment.
However, given the low likelihood of success in the annulment proceeding and the validity of the award, the court exercised its discretion to require partial security as a condition of the adjournment.
