Case number: 10
Article number: model arbitration law / 31(2); 34
Thessaurs issue:
Country of decision: Canada
Year of decision: 1987
Type of decision: Judicial decision

Case 10: MAL 31(2); 34
Canada: Superior Court of Quebec (Gonthier J.) 16 April 1987
Navigation Sonamar Inc. V. Algoma Steamships Limited and others Published in French: Rapports Judiciaires de Qu‚bec
1987, 1346

The court ruled that arbitrators cannot be criticized for expressing themselves as commercial men and not as lawyers. Where
the agreement between the parties does not specify the form of the award, that form is governed by article 31(2).

In accordance with the arbitration clause contained in a charter-party agreement concluded on 9 January 1981, the parties
submitted to arbitration a dispute concerning their respective liability with regard to certain damages that resulted from the
grounding, on 26 April 1984, of the vessel that was the subject of the charter-party. The applicant (Navigation Sonomar),
based on alleged lack of coherent and comprehensible reasons, submitted an application to set aside the award rendered on
29 October 1986.

The Superior Court dismissed the application. The court ruled that the reasons were adequate, taking into account not only
what was expressly stated but also what was implicit in the award. Arbitrators cannot be criticized for expressing themselves
as commercial men and not as lawyers.