179 Arbitration (foreign Awards)

• Author: Ralph Hone
• Pages: #4

[CH.179.

CHAPTER 179.

ARBITRATION (FOREIGN AWARDS).

AN ACT TO GIVE EFFECT TO A CERTAIN CONVENTION ON THE EXECUTION OF ARBITRAL AWARDS.

[28th May 1931.] WHEREAS a Convention, set out in the Schedule,to this Act, on the Execution of Arbitral Awards was on the twenty-sixth day of September, nineteen hundred and twenty-seven, signed at Geneva on behalf of His Majesty;

AND WHEREAS it is expedient that such provisions should be enacted as will enable the said Convention to become operative in the Colony;

1. This Act may be cited as The Arbitration (Foreign Awards) Act.

2. The provisions of this Act apply to any award made after the twenty-eighth day of July 1924 -(a) in pursuance of an agreement for arbitration to which the protocol set out in The Arbitration Clauses (Protocol) Act applies; and (b) between persons of whom one is subject to the jurisdiction of some one of such Powers as Her Majesty, being satisfied that reciprocal provisions have been made, may by Order in Council declare to be parties to the said Convention, and of whom the other is subject to the jurisdiction of some other of the Powers aforesaid; and (c) in one of such territories as Her Majesty, being satisfied that reciprocal provisions have been made, may by Order in Council declare to be territories to which the said Convention applies, and an award to which the provisions of this Act apply is in this Act referred to as a 'foreign award.' 12 of 1931.

   12 of 1932.

   Schedule.

   Short title.

   Application.

   Act for giving effect to the protocol.

   Ch. 178.

   Effect of 3.-(1) A foreign award shall, subject to the proviforeign awardi sions of this Act, be enforceable either by action or 12 of 1932, s. 2. under the provisions of The Arbitration Act.

   Ch. 183. (2) Any foreign award which would be enforceable under this Act shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings, and any references in this Act to enforcing a foreign award shall be construed as including references to relying on an award.

   Conditions for enforcement of 4.-(1) In order that a foreign award may be foreign enforceable under this Act, it must have-awards.

   awards. (a) been made in pursuance of an agreement 12 of 1932, s. 2. for 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 the Colony, and the enforcement thereof must not be contrary to the public policy or the law of the Colony.

   (2) Subject to the provisions of this subsection, a foreign award shall not be enforceable under this Act if the Supreme Court is satisfied that(a) the 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...