In 1986, Quebec adopted the Act to amend the Civil Code and the Code of Civil Procedure in respect of Arbitration and thereby established a new and modern regime for contractual arbitration. The new regime includes provisions to facilitate execution in Quebec of arbitral awards rendered outside the province. / This thesis deals with certain aspects of the new regime, comparing it with the well-established French law of arbitration, which has abundant caselaw covering both domestic and international arbitration. Emphasis is placed on the manner in which Quebec courts have applied the new arbitration law in comparison with French judicial practice. / The first part of the thesis deals with domestic arbitration, focussing on contractual and jurisdictional issues. This is done through an examination of the arbitration agreement, the arbitration procedure, the award, as well as the execution of the award and remedies to set it aside. / International arbitration is treated in the second part. The definition of international arbitration, the validity and autonomy of the arbitration agreement, the choice of law relating to the procedure and the dispute itself are reviewed, as is the execution of foreign awards--that is, those rendered outside Quebec or rendered in Quebec but in the context of an international dispute.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.59843 |
| Date | January 1990 |
| Creators | Thuilleaux, Sabine, 1961- |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | French |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001167421, proquestno: AAIMM66464, Theses scanned by UMI/ProQuest. |
Page generated in 0.0022 seconds