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The court stayed an application to enforce a foreign arbitral award, finding Italy the more appropriate forum to determine if the respondent assumed the debtor's liabilities.
The respondent, Webuild S.P.A., brought a motion to stay an application by Sociedad Concesionaria Metropolitana De Salud S.A. (SCMS) to enforce a Chilean arbitral award in Ontario.
The award was originally against Astaldi S.p.A., and SCMS sought to enforce it against Webuild, arguing Webuild assumed Astaldi's liabilities through an Italian restructuring proceeding.
Webuild contended that the threshold issue of liability assumption under Italian law should be determined in Italy.
The court granted Webuild's motion for a temporary stay, finding Italy to be the forum non conveniens for this complex issue, citing the need to avoid conflicting judgments and costly duplication of resources across multiple jurisdictions.
