50(1)A person who is entitled to enforcement of an award made in New Brunswick or elsewhere in Canada may make an application to the court to that effect.
50(2)The application shall be made on notice to the person against whom enforcement is sought, in accordance with the Rules of Court, and shall be supported by the original award or a certified copy.
50(3)The court shall give a judgment enforcing an award made in New Brunswick unless
(a)
the 30-day period for commencing an appeal or an application to set the award aside has not yet elapsed,
(b)
there is a pending appeal, application to set the award aside or application for a declaration of invalidity, or
(c)
the award has been set aside or the arbitration is the subject of a declaration of invalidity.
50(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 set the award aside provided by the laws of the province or territory where the award was made has not yet elapsed,
(b)
there is a pending appeal, application to set the award aside or application for a declaration of invalidity 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 award is not capable of being the subject of arbitration under New Brunswick law.
50(5)If the period for commencing an appeal, application to set the award aside or 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 as are 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.
50(6)If the court stays the enforcement of an award made in New Brunswick until a pending proceeding is finally disposed of, it may give directions for the speedy disposition of the proceeding.
50(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
(a)
may grant a different remedy requested by the applicant, or
(b)
in the case of an award made in New Brunswick, may remit it to the arbitral tribunal with the court’s opinion, in which case the arbitral tribunal may award a different remedy.
50(8)The court has the same powers with respect to the enforcement of awards as with respect to the enforcement of its own judgments.