1982 Ed.]
Arbitration
[CAP. 341
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PART III
ENFORCEMENT OF CERTAIN FOREIGN AWARDS
35. This Part shall apply to any award made after 28 July 1924-
(a) in pursuance of an agreement for arbitration to which the protocol set out in the First Schedule 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 convention set out in the Second Schedule, 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.
36. (1) A foreign award shall, subject to the provisions of this Part, be enforceable in the Colony either by action or in the same manner as the award of an arbitrator is enforceable by virtue of section 28.
Awards to which Part III applies. [cf. 1950 c. 27, s. 35.]
First Schedule.
Second Schedule.
Effect of foreign awards.
1950 c. 27, s. 36.
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(2) Any foreign award which would be enforceable under this Part 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 in the Colony, and any references in this Part to enforcing a foreign award shall be construed as including references to relying on an award.
37. (1) In order that a foreign award may be enforceable under this Part it must have-
(a) been made in pursuance of an agreement 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, Hong Kong
and the enforcement thereof must not be contrary to the public policy or the law of the Colony, Hong Kong
(2) Subject to the provisions of this subsection, a foreign award shall not be enforceable under this Part if the court dealing with the case is satisfied that-
Conditions for enforcement of foreign awards. 1950 c. 27, s. 37.
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