Article 35. Recognition and enforcement
| (1) |
An arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the competent court, shall be enforced subject to the provisions of this article and of article 36. |
| (2) |
The party relying on an award or applying for its enforcement shall supply the original award or a copy thereof and if the award is not made in an official language of the Republic a translation thereof into such language. |
Article 36. Grounds for refusing recognition or enforcement
| (1) |
Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only: |
| (a) |
at the request of the party against whom it is invoked, if that party furnishes to the competent court where recognition or enforcement is sought proof that: |
| (i) |
a party to the arbitration agreement referred to in article 7 was under some incapacity; or the said 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 |
| (ii) |
the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his or her case; or |
| (iii) |
the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or |
| (iv) |
the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or |
| (v) |
the award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, that award was made; or |
| (b) |
if the court finds that: |
| (i) |
the subject-matter of the dispute is not capable of settlement by arbitration under the law of the Republic; or |
| (ii) |
the recognition or enforcement of the award would be contrary to the public policy of the Republic. |
| (2) |
If an application for setting aside or suspension of an award has been made to a court referred to in paragraph (1)(a)(v) of this article, the court where recognition or enforcement is sought may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security. |
| (3) |
For the purposes of avoiding any doubt, and without limiting the generality of paragraph (1)(b)(ii) of this article, it is declared that the recognition or enforcement of an award is contrary to the public policy of the Republic if— |
| (a) |
a breach of the arbitral tribunal’s duty to act fairly occurred in connection with the making of the award which has caused or will cause substantial injustice to the party resisting recognition or enforcement; or |
| (b) |
the making of the award was induced or affected by fraud or corruption. |
Older Persons Act, 2006
