The appellant, a Russian corporation, sought to enforce a foreign arbitral award against the respondent, an Alberta corporation, in Alberta.
The application was brought more than three years after the award was rendered.
The Supreme Court of Canada held that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards permits the application of local limitation periods.
In Alberta, the recognition and enforcement of a foreign arbitral award is subject to the general two-year limitation period under s. 3 of the Limitations Act, not the 10-year period for judgments under s. 11.
Consequently, the appellant's application was time-barred and the appeal was dismissed.
