A Second Look at First Assumptions: Yugraneft Corporation v. Rexx Management Corporation Case Commentary
Article from: TDM 1 (2010), in Case Comments & Awards
Abstract
The Alberta Court of Appeals decision in Yugraneft v. Rexx decision has attracted significant attention from the arbitration community within Canada. The decision upheld the finding of the Queen's Bench that a two-year limitation period applies to the enforcement of foreign arbitral awards in Alberta. The Supreme Court of Canada granted leave to appeal this ruling. This commentary argues that the Supreme Court should revisit two fundamental assumptions upon which the Alberta Court decisions rest. Though material to the outcome of the dispute, these assumptions do ...