Evidence. 14 Geo. 6, c. 17, 6. 38.
14
(c) been made în 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 Part if the court dealing with the case is satisfied that-
(a) the award bas been anoulled 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 to sufficient time to enable him to present his case, or was under some legal incapacity and was not properly represented; or
(c) the award does not deal with all the questions referred or contains decisions on matters beyond the scope of the agree- ment for arbitration:
Provided that, if the award does not deal with all the questions referred, the Court may, if it thinks fit, either postpone the enforcement of the award or order its enforcement 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 paragraphs (7), (b) and (c) of subsection (1), or the existence of the conditions specified in paragraphs (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 the competent tribunal.
39. (1) The party seeking to enforce a foreign award must produce-
(a) the original award or a copy thereof duly authenticated in manner required by the law of the country in which it was made: and
(b) evidence proving that the award has become final; and (c) such evidence as may be necessary to prove that the award is a foreign award and that the conditions mentioned in para- graphs (a), (b) and (c) of subsection (1) of section 38 are satisfied.
15
(2) In any case where any document required to be produced under subsection (1) is in a foreign language, it shall be the duty of the party seeking to enforce the award to produce a translation certified as correct by a diplomatic or consular agent of the country to which that party belongs, or certified as correct in such other manner as may be sufficient according to the law of the Colony.
(3) Subject to the provisions of this section, rules of court may be made under section 37 of the Supreme Court Ordinance with respect to (Cap. 4). the evidence which must be furnished by a party seeking to enforce an award under this Part
40. For the purposes of this Part, an award shall not be deemed Meaning of Enal if any proceedings for the purpose of contesting the validity of the "Goal award are pending in the country in which it was made.
41. Nothing in this Part shall-
aword". 14 Gco. 6, c. 21, a. 39.
Saving for other rights,
(a) prejudice any rights which any person would have had of etc.
enforcing in the Colony any award or of availing himself in the 14 Geo. 6, Colony of any award if this Part had not been enacted; or
c. 27. 5. 40.
(6) apply to any award made on an arbitration agreement governed
by the law of the Colony.
FIRST SCHEDULE.
PROTOCOL ON ARBITRATTÓN CLAUSES STONED ON BEHALF of His MaJESTY AT A Mestno oF THE ASSEMBLY OF THE LEAGUE OF NATIONS HELD ON THE 24th Day of September, 1923.
(59. 6 & 36.]
The undersigned, being duly authorized, declare that they accept, on behalf of the countries which they represent, the following provisions—
1. Each of the Contracting States recognizes the validity of op agreement whether relating to existing or future differences between parties, subject respec- lively to the jurisdiction of different Contracting States by which the parties to a contract agree to submit to arbitration all pe any differences that may arise in coonesion with such contract relating to commercial matters or to any other matter capable of settlement by arbitration, whether or not the arbitration is to take place in a country to whose jurisdiction none of the parties is subject.
Each Contracting State reserves the right to limit the obligation mentioned above to contracts which are considered as commercial under its national law. Any Contracting State which avails itself of this right will notify the Secretary- General of the League of Nations, in order that the other Contracting States may be so informed.
2. The arbitral procedure, including the constitution of the arbitral tribunal. shall be governed by the will of the parties and by the law of the country in whose territory the arbitration takes place.
The Contracting States agree to facilitate all steps in the procedure which require to be taken in their own territories, in accordance with the provisions of their law governing arbitral procedure applicable to cxisting differeöces.
3. Each Contracting State undertakes to ensure the execution by its anthorities and in accordance with the provisions of its national laws of arbitraf awards made in its own territory under the preceding articles.
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