1982 Ed.]
Arbitration
[CAP. 341
39. For the purposes of this Part, an award shall not be deemed final if any proceedings for the purpose of contesting the validity of the award are pending in the country in which it was made.
40. Nothing in this Part shall-
(a) prejudice any rights which any person would have had of
Meaning of "final award".
1950 c. 27, s. 39.
23
Saving for other rights, etc.
1950 c. 27, s. 40.
enforcing in the Colony any award or of availing himself
in the Colony of any award if this Part had not been enacted; or
(b) apply to any award made on an arbitration agreement
governed by the law of the Colony Hong Kong
PART IV
ENFORCEMENT OF CONVENTION AWARDS
41. This Part shall have effect with respect to the enforcement of Convention awards; and where a Convention award would, but for this section, be also a foreign award within the meaning of Part III, that Part shall not apply to it.
42. (1) A Convention award shall, subject to this Part, be enforceable either by action or in the same manner as the award of an arbitrator is enforceable by virtue of section 28. 24
(2) Any Convention 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 Hong Kong and any reference in this Part to enforcing a Convention award shall be construed as including references to relying on such an award.
43. The party seeking to enforce a Convention award must produce-
(a) the duly authenticated original award or a duly certified
copy of it;
(b) the original arbitration agreement or a duly certified copy
of it; and
(c) where the award or agreement is in a foreign language, a translation of it certified by an official or sworn translator or by a diplomatic or consular agent.
44. (1) Enforcement of a Convention award shall not be refused except in the cases mentioned in this section.
(2) Enforcement of a Convention award may be refused if the person against whom it is invoked proves--
Replacement of former provisions.
1975 c. 3, s. 2.
Effect of Convention awards.
1975 c. 3. s. 3(1)(a),
64/89522
Evidence.
1975 c. 3, s. 4.
Refusal of enforcement.
1975 c. 3, s. 5.
1982 Ed.]
Arbitration
[CAP. 341
39. For the purposes of this Part, an award shall not be deemed final if any proceedings for the purpose of contesting the validity of the award are pending in the country in which it was made.
40. Nothing in this Part shall-
(a) prejudice any rights which any person would have had of
Meaning of "final award".
1950 c. 27, s. 39.
23
Saving for other rights, etc.
1950 c. 27, s. 40.
enforcing in the Colon any award or of availing himself 64/89523
in the Colony of any award if this Part had not been enacted; or
(b) apply to any award made on an arbitration agreement
governed by the law of the Colony Hong Kong
PART IV
ENFORCEMENT OF CONVENTION AWARDS
41. This Part shall have effect with respect to the enforcement of Convention awards; and where a Convention award would, but for this section, be also a foreign award within the meaning of Part III, that Part shall not apply to it.
42. (1) A Convention award shall, subject to this Part, be enforceable either by action or in the same manner as the award of an arbitrator is enforceable by virtue of section 28. 24
(2) Any Convention 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 Hong Kong and any reference in this Part to enforcing a Convention award shall be construed as including references to relying on such an award.
43. The party seeking to enforce a Convention award must produce-
(a) the duly authenticated original award or a duly certified
copy of it;
(b) the original arbitration agreement or a duly certified copy
of it; and
(c) where the award or agreement is in a foreign language, a translation of it certified by an official or sworn translator or by a diplomatic or consular agent.
44. (1) Enforcement of a Convention award shall not be refused except in the cases mentioned in this section.
(2) Enforcement of a Convention award may be refused if the person against whom it is invoked proves--
Replacement of former provisions.
1975 c. 3, s. 2.
Effect of Convention awards.
1975 c. 3. s. 3(1)(a),
64/89522
Evidence. 1975 c. 3, s. 4.
Refusal of enforcement. 1975 c. 3, s. 5.
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