Domestic v International Arbitrations; No Jurisdiction to Extend Time Limit - Time limit: 30 days or 3 months depending upon which Act applies

In R & G Draper Farms (Keswick) Ltd. v. 1758691 Ontario Inc. the Ontario Court of Appeal holds that an Ontario arbitration about carrots between two Ontario companies is governed by the Arbitration Act, not the International Commercial Arbitration Act (ICAA) and that the court cannot extend the 30 day time limit within which a party may challenge an award.

The carrots were grown and processed and sold and resold in Ontario and there was no agreement between the parties that the subject-matter of the arbitration related to more than one country. Accordingly, the ICAA did not apply.

The court also holds that there is no jurisdiction or “residual discretion” to extend the 30-day time limit set out in section 47 (46 in Alberta) of the Arbitration Act. The time limit applies to appeals, applications for leave to appeal, and applications to set aside the award.

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