International Commercial Arbitration and Quebec Law
By Simon Blais (January 22, 2026)
As a continuation of our series on private dispute prevention and resolution, we present the essentials of international commercial arbitration and its framework in Quebec law. In summary, the Quebec legislation provides a modern and predictable framework for international commercial arbitration.
The Model Law on International Commercial Arbitration (1985)
Adopted on 21 June 1985 by the United Nations Commission on International Trade Law ("UNCITRAL") and amended in 2006, the Model Law is the world's leading text[1]. The Model Law covers, inter alia, the arbitration agreement, the composition and jurisdiction of the arbitral tribunal, the conduct of the proceedings, the scope of judicial intervention and the recognition (enforcement) of arbitral awards. To date, legislation based on or based on the Model Law has been enacted in 127 States and Territories, including 93 countries[2]. This includes Canada and Quebec.
In Quebec, article 649 of the Code of Civil Procedure ("C.c.p.") requires that the title of the arbitration be interpreted in light of the Model Law (and its related documents) "[i]f international trade interests, including interprovincial trade interests, are involved in arbitration proceedings".[3]International commercial arbitration is therefore used when, for example, two companies domiciled in different countries (or even in different provinces in Canada) have a commercial dispute submitted to arbitration.
More generally, articles 620 to 655 of the C.c.p. form a coherent and integrated regime of arbitration, without dualism between domestic and international arbitration. This means that when the parties domiciled in different states (e.g., one in Quebec and the other in the state of New York in the United States) decide to use the Quebec law regime and the seat of arbitration in Quebec for an international trade dispute, the arbitration remains the same as for a dispute between two companies domiciled in Quebec (provided that the latter have made the same choices of applicable law and seat of arbitration). It is therefore important to specify the seat of the arbitration and the law applicable on the merits of the dispute in order to clearly identify the terms and conditions applicable to the arbitration.
The seat of arbitration: a structuring choice
The seat of arbitration refers to the "legal place" that determines the applicable procedural law (lex abitri), the jurisdiction of the state courts of the seat (e.g., for requests for annulment of the arbitral award) and the imperative environment of the procedure (public order, exclusion of certain areas of law that may be submitted to arbitration such as family matters in Quebec, etc...).
In other words, the seat of the arbitration indicates which judicial court will be competent to hear the requests of the parties concerning the framework (supervision) of the arbitration itself.
It is important to note that the seat of the arbitration may be distinct from the physical location (or by videoconference) where the hearing of the case is held. For example, the parties may determine the seat of the arbitration in the judicial district of Montreal in Quebec (Canada), but hold the hearing of the case in London (United Kingdom).
Law applicable on the merits of the dispute
The parties can decide on the basis of which state law they want the arbitrator to decide the dispute on the merits[4]. Although it is common for the parties to choose the same law applicable on the merits as that corresponding to the seat of the arbitration, these two elements may be distinct. Thus, the parties may decide that the seat of arbitration shall be the judicial district of Montreal in Quebec, Canada, but that the applicable law shall be that of the State of Delaware in the United States.
If they expressly agree[5], the parties may ask to decide the dispute in equity (amiable compositeur)[6]. Thus, the arbitrator will not apply a specific state law to decide the dispute but may use reasoning inspired by several types of state law, commercial practices and usages, and arbitral awards rendered in similar contexts.
Finally, the parties may choose a different language for the conduct of the arbitration than the one used for the seat of the arbitration and the law applicable to the merits[7].
Recognition and enforcement of the arbitral award
To make the arbitral award enforceable (such as a judgment of a judicial court), a party may request its homologation[8]. In a previous article[9], we discussed the homologation of an arbitral award rendered in Quebec.
In the case of an arbitral award rendered outside Quebec and to be homologated in Québec, article 652 of the C.c.p. allows for recognition and a declaration of enforceability, subject to arbitrability in Québec and public order[10]. In such a situation, the court will consider, where appropriate, the 1958 New York Convention[11] for the interpretation of the rules in this matter[12].
More than 160 countries (with applications in their respective provinces and states) are signatories to the 1958 New York Convention[13]. Consequently, an arbitral award may be recognized and enforced in one of these countries. For example, this may be necessary for the "winning" party of a favourable arbitral award who wants to enforce it against the assets of the "losing" party located in a country other than the one where the arbitral award was rendered.
Finally, there are several international arbitration institutions that can be used by the parties (e.g. International Chamber of Commerce, London Court of International Arbitration, Paris International Arbitration Chamber). Each of these institutions has its own rules of operation, although quite similar. In general, these institutions address disputes of greater value. As a result, the fees for using these institutions are rather high. With respect to the recognition and enforcement of arbitral awards arising from these institutions, the same rules mentioned above apply.
Conclusion
The UNCITRAL Model Law provides a robust framework for international commercial arbitration in more than 90 countries around the world. Quebec has implemented these principles in its legislation to provide a modern and predictable process for resolving disputes involving international trade interests, including interprovincial ones. International arbitration provides autonomy to the parties in a confidential, flexible and efficient procedure. Thus, the parties may choose, among other things, the seat of the arbitration, the applicable law or equity, the language and the physical location (or by videoconference) for the holding of the arbitration. Under the 1958 New York Convention, arbitral awards can be recognized and enforced in more than 160 countries. Consequently, the advantages of international arbitration allow the parties to agree on a procedure adapted to the reality of their international commercial issues.
Simon Blais is an accredited arbitrator and mediator. He acts as an arbitrator in civil, commercial, international and sports matters.
The use of the masculine is only intended to lighten the text.
REFERENCE:
[1] UNCITRAL Model Law on International Commercial Arbitration (1985) with amendments adopted in 2006, accessible to UNCITRAL Model Law on International Commercial Arbitration (1985), with amendments as adopted in 2006 | United Nations Commission On International Trade Law, as of January 20, 2026.
[2] State: UNCITRAL Model Law on International Commercial Arbitration (1985) with amendments adopted in 2006, available at the UNCITRAL Model Law on International Commercial Arbitration (1985), with amendments as adopted in 2006 | United Nations Commission On International Trade Law, as of January 20, 2026.
[3] Article 649 C.c.p.
[4] Article 28 UNCITRAL Model Law on International Commercial Arbitration (1985) with amendments adopted in 2006.
[5] Id.
[6] See BLAIS, Simon: "Civil and Commercial Arbitration in Quebec Law," Blais Legal Services Inc., published November 4, 2025, available at https://blaislegal.ca/art-fra-arbitrage-qc-1, as of January 20, 2026.
[7] Article 22 UNCITRAL Model Law on International Commercial Arbitration (1985) with amendments adopted in 2006.
[8] See BLAIS, Simon: "Civil and Commercial Arbitration in Quebec Law," Blais Legal Services Inc., published November 4, 2025, available at https://blaislegal.ca/art-fra-arbitrage-qc-1, as of January 20, 2026.
[9] Id.
[10] Article 652 C.c.p.
[11] United Nations – Treaty Series, "Convention on the Recognition and Enforcement of Foreign Arbitral Awards," New York 10 June 1958, available at UNTC, as of January 20, 2026.
[12] Article 652 C.c.p.
[13] United Nations – Treaty Series, "Convention on the Recognition and Enforcement of Foreign Arbitral Awards," New York 10 June 1958, available at UNTC, as of January 20, 2026.
EXTRACTS
'' The UNCITRAL Model Law provides a robust framework for international commercial arbitration in more than 90 countries around the world. "
" In Quebec, article 649 of the C.c.p. requires that the title of the arbitration be interpreted in light of the Model Law (and its related documents) [i]f international trade interests, including interprovincial trade interests, are involved in arbitration proceedings. "
" … the parties may choose, among other things, the seat of the arbitration, the applicable law or equity, the language and the physical location (or by videoconference) for the holding of the arbitration. "
" Under the 1958 New York Convention, arbitral awards can be recognized and enforced in more than 160 countries. "