The parties engaged in an international commercial arbitration regarding a contract for the sale of tomatoes.
The arbitrator awarded the respondent $45,516.95 USD.
The applicant sought to set aside the award, initially under the Arbitration Act, and later attempted to rely on a basket clause to seek relief under the International Commercial Arbitration Act (ICAA) after the three-month limitation period expired.
The court held that the applicant could not use a basket clause to assert a new cause of action out of time.
Furthermore, the court found that even if the ICAA applied, the arbitrator's alleged errors in interpreting trade terms did not conflict with the public policy of Ontario.
The application to set aside the award was dismissed, and the cross-application to recognize and enforce the award was granted.
