The following definitions apply in this Act. 1986, c.I-12.2, s.1(1)
“Convention” means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations Conference on International Commercial Arbitration in New York on June 10, 1958, as set out in Schedule A. (Convention)
“International Law” means the Model Law On International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on June 21, 1985, as set out in Schedule B. (Loi internationale)
Words and expressions used in this Act have the same meaning as the corresponding words and expressions in the Convention and the International Law, as the case may be. 1986, c.I-12.2, s.1(2)
1986, c.I-12.2, s.2
Subject to this Act, the Convention applies in New Brunswick.
The Convention applies to arbitral awards and arbitration agreements, whether made before or after the coming into force of this Part, but applies only in respect of differences arising out of commercial legal relationships, whether contractual or not.
For the purpose of seeking recognition of an arbitral award under the Convention, application shall be made to The Court of King’s Bench of New Brunswick. 1986, c.I-12.2, s.3; 2023, c.17, s.121
1986, c.I-12.2, s.4
Subject to this Act, the International Law applies in New Brunswick.
The International Law applies to international commercial arbitration agreements and awards, whether made before or after the coming into force of this Part.
For the purpose of encouraging settlement of a dispute, an arbitral tribunal, with the agreement of the parties, may employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure. 1986, c.I-12.2, s.5
1986, c.I-12.2, s.6
Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the International Law, a hearing held before the replacement or removal shall be repeated.
With respect to article 15 of the International Law, the parties may remove an arbitrator at any time before the final award, regardless of how the arbitrator was appointed.
Despite article 28(2) of the International Law, if the parties fail to make a designation under article 28(1) of the International Law, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances respecting the dispute. 1986, c.I-12.2, s.7
1986, c.I-12.2, s.8; 2023, c.17, s.121
On application of the parties to two or more arbitration proceedings, The Court of King’s Bench of New Brunswick may order
(a) the arbitration proceedings to be consolidated on terms it considers just;
(b) the arbitration proceedings to be heard at the same time, or one immediately after another;
(c) any of the arbitration proceedings to be stayed until after the determination of any other of them.
When the Court orders arbitration proceedings to be consolidated under paragraph (1)(a) and all the parties to the consolidated arbitration proceedings are in agreement as to the choice of the arbitral tribunal for that arbitration proceeding, the arbitral tribunal shall be appointed by the Court, but if all the parties cannot agree, the Court may appoint the arbitral tribunal for that arbitration proceeding.
Nothing in this section shall be construed as preventing the parties to two or more arbitration proceedings from agreeing to consolidate those arbitration proceedings and taking the steps that are necessary to effect that consolidation.
2023, c.17, s.1211986, c.I-12.2, s.9; 2023, c.17, s.121
The functions referred to in article 6 of the International Law shall be performed by The Court of King’s Bench of New Brunswick.
For the purposes of the International Law, a reference to “court” or “competent court”, if in the context it means a court in New Brunswick, means The Court of King’s Bench of New Brunswick except if the context otherwise requires.
When, under article II(3) of the Convention or article 8 of the International Law, a court refers the parties to arbitration, the proceedings of the court are stayed with respect to the matters to which the arbitration relates. 1986, c.I-12.2, s.10
1986, c.I-12.2, s.11
This Act binds the Crown.
An award recognized under this Act is enforceable against the Crown in the same manner and to the same extent as a judgment is enforceable against the Crown.
1986, c.I-12.2, s.12; 2023, c.17, s.121
This Act shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the Act in their context and in the light of its objects and purposes.
In applying subsection (1) to the International Law, recourse may be had to the following documents:
(a) the Report of the United Nations Commission on International Trade Law on the work of its 18th session (June 3 -21, 1985); and
(b) the International Commercial Arbitration Commentary on Draft Text of a Model Law on International Commercial Arbitration.
Except where they may be in conflict with the provisions of this Act or the regulations, the Rules of Court under the Judicature Act apply for the purposes of this Act. 1986, c.I-12.2, s.14
The Lieutenant-Governor in Council may make regulations 1986, c.I-12.2, s.13
(a) prescribing rules of court and forms respecting practice and procedure in relation to matters within the jurisdiction of the court under this Act;
(b) generally respecting the operation of this Act.