Settlement of International Investment Disputes Act, 1999, S.O. 1999, c. 12, Sched. DSkip to content
|current||December 31, 2011 – (e-Laws currency date)|
|December 22, 1999 – December 30, 2011|
Settlement of International Investment Disputes Act, 1999
S.O. 1999, CHAPTER 12
Historical version for the period December 22, 1999 to December 30, 2011.
Note: This Act comes into force on a day to be named by proclamation of the Lieutenant Governor. See: 1999, c. 12, Sched. D, s. 14.
1.(1)In this Act,
“award” means an award rendered by the Arbitral Tribunal, established by Article 37 of the Convention, and includes an interpretation, revision or annulment of the award under the Convention; (“sentence”)
“Convention” means the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature in Washington on March 18, 1965. (“Convention”) 1999, c. 12, Sched. D, s. 1 (1).
Meaning of words and expressions
(2)Unless the context otherwise requires, all words and expressions used in this Act have the same meaning as in the Convention. 1999, c. 12, Sched. D, s. 1 (2).
2.(1)This Act shall be interpreted in good faith in accordance with the ordinary meaning to be given to its terms in their context and in light of its object and purpose. 1999, c. 12, Sched. D, s. 2 (1).
(2)In the event of any inconsistency between this Act and any other Act of the Legislature of Ontario, this Act prevails to the extent of the inconsistency. 1999, c. 12, Sched. D, s. 2 (2).
Purpose of Act
3.The purpose of this Act is to implement the provisions of the Convention concerning the jurisdiction and powers of the Superior Court of Justice with respect to the recognition and enforcement of awards. 1999, c. 12, Sched. D, s. 3.
Scope of Act
4.This Act applies in respect of agreements recording consent to arbitration or conciliation proceedings entered into under the Convention, and awards rendered, including those entered into or rendered, as the case may be, before the coming into force of this Act. 1999, c. 12, Sched. D, s. 4.
5.(1)This Act binds the Crown in right of Ontario. 1999, c. 12, Sched. D, s. 5 (1).
(2)Subsection(1) does not apply to Crown agencies. 1999, c. 12, Sched. D, s. 5 (2).
Enforceability of awards
6.On production to the Superior Court of Justice of a certified copy of an award it shall be registered in that court, and when registered it has the same effect, and all proceedings may be taken to enforce it, as if it were a final judgment obtained in that court. 1999, c. 12, Sched. D, s. 6.
Enforceability against Crown
7.An award is enforceable against the Crown in right of Ontario in the same manner and to the same extent as a judgment is enforceable against the Crown in right of Ontario. 1999, c. 12, Sched. D, s. 7.
8.An award is final and binding and is not subject to appeal, review, setting aside or any other remedy except as provided in the Convention. 1999, c. 12, Sched. D, s. 8.
Stay of enforcement proceeding
9.If a proceeding in relation to enforcement of an award has already been commenced in Ontario when enforcement of the award is stayed under the Convention, the Superior Court of Justice shall stay the proceeding on the motion of a party to the arbitration. 1999, c. 12, Sched. D, s. 9.
10.Unless the parties have so stipulated in their agreement recording their consent to arbitration proceedings, a party may not request a court or an administrative tribunal to order interim measures, before the institution of the proceedings or during the proceedings, for the preservation of the party’s rights and interests. 1999, c. 12, Sched. D, s. 10.
11.Except as the parties otherwise agree, neither party to conciliation proceedings is entitled in any other proceedings, whether before a court of law, an administrative tribunal or arbitrators or otherwise, to use,
(a) any views expressed or statements, admissions or offers of settlement made by the other party in the conciliation proceedings; or
(b) the report or any recommendations made by the Conciliation Commission. 1999, c. 12, Sched. D, s. 11.
12.The Lieutenant Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including,
(a) prescribing the terms and conditions under which the Crown in right of Ontario may enter into an agreement recording consent to arbitration proceedings under the Convention;
(b) exempting any person or class of persons from the application of an enactment or any of its provisions, on such conditions as may be specified in the regulations, to permit them to act in a professional capacity in an arbitration or conciliation proceeding. 1999, c. 12, Sched. D, s. 12.
Application of Convention
13.(1)The Convention applies in Ontario on the day on which it enters into force for Canada in accordance with paragraph 2 of Article 68 of the Convention. 1999, c. 12, Sched. D, s. 13 (1).
(2)The Lieutenant Governor in Council may make a regulation to state when the Convention applies in Ontario (in which case the text of the Convention shall be set out in the regulation). 1999, c. 12, Sched. D, s. 13 (2).
14. Omitted (provides for coming into force of provisions of this Act). 1999, c. 12, Sched. D, s. 14.
15. Omitted (enacts short title of this Act). 1999, c. 12, Sched. D, s. 15.