Every common law province except Ontario has passed legislation implementing the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Ontario instead adopted the United Nations' Model Law on International Commercial Arbitration. In Activ Financial Systems, Inc. v. Orbixa Management Services Inc., the court stated that the Model Law has supplanted the common law with respect to the enforcement of foreign judgments and held that international commercial arbitration awards must be enforced exclusively under the Model Law.
The court will enforce an international commercial arbitration award even where the arbitrator did not give reasons for the award, if the court can determine on the record before it that the arbitrator did not deal with the dispute beyond his jurisdiction and that the award is not contrary to the public policy of Ontario.
