49 Enforcement of award
Alberta or elsewhere in Canada may make an application to the
court to that effect.
(2) The application shall be made on notice to the person against
whom enforcement is sought, in accordance with the Alberta Rules
of Court, and shall be supported by the original award or a certified
copy of it.
(3) The court shall give a judgment enforcing an award made in
Alberta unless
(a) the 30-day period for commencing an appeal or an
application to set the award aside has not yet elapsed,
(b) an appeal, an application to set the award aside or an
application for a declaration of invalidity is pending, or
(c) the award has been set aside or the arbitration is the subject
of a declaration of invalidity.
(4) The court shall give a judgment enforcing an award made
elsewhere in Canada unless
(a) the period for commencing an appeal or an application to s et
the award aside provided by the laws in force in the
province or territory where the award was made has not yet
elapsed,
(b) an appeal, an application to set the award aside or an
application for a declaration of invalidity is pending in the
province or territory where the award was made,
(c) the award has been set aside in the province or territory
where it was made or the arbitration is the subject of a
declaration of invalidity granted there, or
(d) the subject-matter of the a ward is not capable of being the
subject of arbitration under Alberta law.
RSA 2000
(5) If the period for commencing an appeal, an application to set
the award aside or an application for a declaration of invalidity has
not yet elapsed, or if such a proceeding is pending, the court may
(a) enforce the award, or
(b) order, on such conditions a s the court considers just, that
enforcement of the award is stayed until the period has
elapsed without such a proceeding being commenced or
until the pending proceeding is finally disposed of.
(6) If the court stays the enforcement of an award made in Alberta
until a pending proceeding is finally disposed of, it may give
directions for the speedy disposition of the proceeding.
(7) If the award gives a remedy that the court does not have
jurisdiction to grant or would not grant in a proceeding based on
similar circumstances, the court may
(a) grant a different remedy requested by the applicant, or
(b) in the case of an award m ade in Alberta, remit it to the
arbitral tribunal with the court's opinion, in which case the
arbitral tribunal may award a different remedy.
(8) The court has the same powers with respect to the enforcement
of awards as with respect to the enforcement of its own judgments.
1991 cA-43.1 s49