ARBITRATION ORDINANCE
Ord. No. 17 of 2010
A699
88. Evidence to be produced for enforcement of Convention awards
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) if the award or agreement is in a language or languages other than either or both of the official languages, a translation of it in either of the official languages certified by an official or sworn translator or by a diplomatic or consular agent.
89. Refusal of enforcement of Convention awards
(1) Enforcement of a Convention award may 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—
- (a) that a party to the arbitration agreement was (under the law applicable to that party) under some incapacity;
- (b) that the arbitration agreement was not valid—
- (i) under the law to which the parties subjected it; or
- (ii) (if there was no indication of the law to which the arbitration agreement was subjected) under the law of the country where the award was made;
- (c) that the person—
- (i) was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings; or
- (ii) was otherwise unable to present the person’s case;
- (d) subject to subsection (4), that the award—
- (i) deals with a difference not contemplated by or not falling within the terms of the submission to arbitration; or
- (ii) contains decisions on matters beyond the scope of the submission to arbitration;
- (e) that the composition of the arbitral authority or the arbitral procedure was not in accordance with—
- (i) the agreement of the parties; or
- (ii) (if there was no agreement) the law of the country where the arbitration took place; or
- (f) that the award—
- (i) has not yet become binding on the parties; or