Document Type

Article

Publication Date

3-2016

Abstract

A recent Supreme Court of Canada (SCC) decision stands to enhance Canada's place as a preferred venue for the recognition and enforcement of foreign judgements. In Chevron Corp v. Yaiguaje et al, the SCC considered the jurisdictional requirements for the recognition and enforcement in Canada of a US $9.5 billion Ecuadorian judgment for environmental damages to the headwaters of the Amazon. This brief and clear Supreme Court decision has burnished Canada's attractiveness as a venue for creditor recognition and enforcement of foreign awards, but this decision raises questions of whether the Supreme Court of Canada may have pushed the pendulum too far in favour of judgment creditors.

Comments

Canadian International Lawyer, Vol. 11, Issue 1 (March 2016), pp. 31-39

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