Addidon of new Tra Schedules.
Savima.
1975 4 1.
Order to be conclusive evidence. 1979 c. 3. 1. 7(2),
( that the award has not yet become binding on the parties, or has been set aside or suspended by a com- petent authority of the country in which, or under the law of which, it was made.
(3) Enforcement of a Convention award may also be refused if the award is in respect of a matter which ja not capable of settlement by arbitration, or if it would be contracy to public policy to enforce the award.
(4) A Convention award which contains decisions on matters nol submitted to arbitration may be enforced to the extent that it contains decisions on matters submitted to arbi- tration which can be separated from those on matters not so submitted.
(5) Where an application for the setting aside or suspen- sion of a Convention award has been made to such a com- petent authority as is mentioned in subsection (2)0)), the 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 security,
45. Nothing in this Part shall prejudice any right to enforce or rely on an award otherwise than under this Part or Part LIT.
46. If the Governor by Order declares that any State or territory specified in the Order is a party to the New York Convention the Order shall, while in force, he conclusive evidence that thai State or territory is a party to that Con- vention.".
The principal Ordinance is amended by adding after the Second Schedule the following new Schedule
“THIRD SCHEDULE
CONVENTION ON THE RECOGNITION AND ENFORCEMENT or FOREIGN ARRTIKAL Awards. Done AT NEW YORK, ON 10 JUNE 1958
Aritcle!
[a 2]
1. This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought, and arising out of differences between persons, whether physical or legal." It shall also apply to arbitral awards not considered as domestic awards in the State where their recognition and enforcement are sought.
2. The term "arbitral awards" shall include not only awards made by arbitrators appointed for each case but also those made by permanent arbitral bodies to which the parties have submitted.
When signing, ratifying or acceding to this Convention, or notify- ing extension under article X hereof, any State may on the basis of reci- prosily declare that it will apply the Convention to the recognition sad enforcement of awards made only in the territory of another Contracting State. It may also declare that it will apply the Convention only to differ- ences arising out of legal relationships, whether contractual or not, which
5
are considered as commercial under the national law of the State making such declaration.
Article II
1. Each Contracting State shall recognize an agreement in writing under which the parties undertake to submit to arbitration all or 20Y differences which have arlsen or which may arise between them in respect of a defined legal relationship, whether contractual or not, concerning a subject matter capable of sertlement by arbitration.
2 The term "agreement in writing" sball include an arbitral clause to a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams.
1. The court of a Contracting State, when seized of an action in a matter in respect of which the parties have made an agreement within the meaning of this article, at the request of one of the parties, refer the partics to arbitration, unless it finds that the said agreement is null and vold, in- operative or incapable of being performed.
Article II/
Each Contracting State shall recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon, under the conditions laid down in the following articles. There shall not be imposed substantially more onerous conditions or higher fees or charges on the recognition or enforcement of arbitral awards to which this Convention applies than are imposed on the recognition or enforcement of domestic arbitral awarda
L.
Arncle 1
To obtain the recognition and enforcement mentioned in the pro- ceding article, the party applying for recognition and enforcement sfall, at the time of the application, supply-
(a) the duly authenticated original award or a duly certified copy
thereof;
(6) the original agreement referred to in article II or a duly certified
copy thereof.
If the said award or agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language. The translation shall be certified by an official or wom kranslator or by a diplomatic or consular agent.
Article P
1. Recognition and enforcement of the award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the competent authority where the recognition and enforcement is sought, proof that
(a) the parties to the agreement referred to in article 11 were, under the law applicable to them, under some incapacity, or the sald agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or
(b) the parly against whom the award ja invoked 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
(c) the award deals with a difference not contemplated by or mol falling within the terms of the submission to arbitration, or it
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