PART III

Enforcement of New York Convention Awards

6. —(1) In this Part of this Act—

“award” means an award (other than an award within the meaning of Part IV of this Act) made in pursuance of an arbitration agreement in the territory of a state, other than the State, which is a party to the New York Convention;

“the New York Convention” means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards done at New York on the 10th day of June, 1958, which Convention is set out in the First Schedule to this Act.

(2) The Minister for Foreign Affairs may by order declare that any state specified in the order is a party to the New York Convention and, while such order is in force, the order shall be evidence that such state is a party to that Convention.

(3) The Minister for Foreign Affairs may by order revoke or amend an order under this section, including an order under this subsection.

7. —(1) An award shall, subject to the subsequent provisions of this Part, be enforceable either by action or in the same manner as the award of an arbitrator is enforceable by virtue of section 41 of the Principal Act.

(2) An award that would be enforceable under this Part shall be treated as binding for all purposes on the persons 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 in the State, and any reference in this Part to the enforcement of an award shall be construed as including a reference to the reliance on such an award.

8. —Any person who seeks to enforce an award shall produce—

(a) the duly authenticated original award or a duly certified copy of that award, and

(b) the original arbitration agreement or a duly certified copy of that agreement, and

(c) in any case where the award or the arbitration agreement is in a language other than one of the official languages of the State, a translation of the award or the agreement, as the case may be, certified by an official or sworn translator or by a diplomatic or consular agent.

9. —(1) Enforcement of an award shall not be refused otherwise than pursuant to the subsequent provisions of this section.

(2) Enforcement of an award may be refused if the person against whom it is invoked proves that—

(a) a party to the arbitration agreement was (under the law applicable to him) under some incapacity, or

(b) the arbitration agreement was not valid under the law of the country to which the parties subjected it or, failing any indication thereon, under the law of the country where the award was made, or

(c) he was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case, or

(d) subject to subsection (4) of this section, the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, or

(e) the composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, with the law of the country where the arbitration took place, or

(f) the award has not yet become binding on the parties or has been set aside or suspended by a competent authority of the country in which, or under the law of which, the award was made.

(3) Enforcement of an award may also be refused if the award is in respect of a matter which is not capable of settlement by arbitration under the law of the State, or if it would be contrary to public policy to enforce the award.

(4) An award which contains decisions on matters not submitted to arbitration may be enforced to the extent that it contains decisions on matters submitted to arbitration which can be separated from any decisions on matters not so submitted.

(5) In any case where an application for the setting aside or suspension of an award has been made to such a competent authority as is mentioned in subsection (2) (f) of this section, a court before which enforcement of the award is sought may, if it thinks fit, adjourn the proceedings and may, on the application of the party seeking to enforce the award, order the other party to give such security as the court may think fit.

10. —In any case where an award is also a foreign award within the meaning of Part V of the Principal Act, that Part shall not apply to such award.

11. —Nothing in this Part shall prejudice the right of any person to enforce or to rely on an award otherwise than under this Part or under Part V of the Principal Act.