Tuesday, December 12

Foreign Award Enforcement, Conditions

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Foreign Award Enforcement, Conditions

By

S J Tubrazy

  1. In order that a foreign award may be enforceable under the law it must have:

(a) been made in pursuance of an agreement of arbitration which was valid under the law by which it was governed;

(b) been made by the Tribunal provided for in the agreement or constituted in manner agreed upon by the parties;

(c) been made in conformity with the law governing the arbitration  procedure;

(d) become final in the country in which it was made;

(e) been in respect of a matter which may lawfully be referred to arbitration under the law of land.

and in the enforcement thereof must not be contrary to the public policy or the law of land.

(2) A foreign award shall not be enforceable under this Act if the Court dealing with the case is satisfied that:

(a) that award has been annulled in the country in which it was made; or

(b) the party against whom it is sought to enforce the award was not given notice of the arbitration proceedings in subject to the giving of such security by the person seeking to enforce it as the Court may think fit.

(3) If a party seeking to resist the enforcement of a foreign award proves that there is any ground other than the non‑existence of the conditions specified in clauses (a), (b) and (c) of subsection (1), or the existence of the conditions specified in clauses (b) and (c) of subsection (2), entitling him to contest the validity of the award the Court may, if it thinks fit, either refuse to enforce the award or adjourn the hearing until after the expiration of such period as appears to the Court to be reasonably sufficient to enable that party to take the necessary steps to have the award annulled by competent tribunal.

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