Arbitration Act

Link to law: http://laws.gov.ag/acts/chapters/cap-33.pdf
Published: 1975

Arbitration (CAP. 33 1

CHAPTER 33

THE ARBITRATION ACT

Arrangement of Sections
Section

PART I

General Provisions

1. Short title.
2. Authority of arbitrators and umpires to be irrevocable.
3 . Death of party.
4. Bankruptcy.
5. Staying court proceedings where there is submission to

arbitration.
6. Reference of interpleader issues to arbitration.

Arbitrators and Umpires

7. When reference is to a single arbitrator.
8. Power of parties in certain cases to supply vacancy.
9. Umpires.

10. Agreements for reference to three arbitrators.
11. Power of court in certain cases to appoint an arbitrator

or umpire.
12. Reference to official referee.

PART I11

Conduct of Proceedings, Witnesses, etc.

13. Conduct of proceedings, witnesses, etc.

Provisions as to Awards

14. Time for making award.
15. Interim awards.

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2 CAP. 33) Arbitration

16. Specific performance.
17. Awards to be final.
18. Power to correct slips.

Costs, Fees and Interest

19. Costs.
20. Taxation of arbitrator's or umpire's fees.
21. Interest on awards.

PART VI

Special Cases, Remission and Setting Aside of Awards, etc.

22. Statement of case.
23. Power to remit award.
24. Removal of arbitrator and setting aside of award. j,
25. Power of court to give relief where arbitrator is not i

impartial or the dispute involves question of fraud. "i
26. Power of court where arbitrator is removed or authority

of arbitrator is revoked. [ t
PART VII

Enforcement of Award

27. Enforcement of award.

PART VIII

Miscellaneous

28. Power of court to extend time for commencing i
arbitration proceedings.

29. Terms as to costs, etc. a
30. Government to be bound.
31. Application of Parts I to VIII to statutory 1

arbitrations.
32. Meaning of "arbitration agreement7'.

Enforcement of Certain Foreign Awards

33. Awards to which Part I X applies.
34. Effect of foreign awards.
35. Conditions for enforcement of foreign awards.

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Arbitration (CAP. 33 3

36. Evidence.
37. Meaning of "final award".
38. Saving for other rights, etc.
39. Saving for pending proceedings.

SCHEDULES.

FIRST SCHEDULE

Protocol on Arbitration Clauses signed at a Meeting of the
Assembly of the League of Nations held on the twenty-
fourth day of September, nineteen hundred and
twenty-three.

SECOND SCHEDULE

Convention on the Execution of Foreign Arbitral Awards
signed at Geneva on the twenty-sixth day of September,
nineteen hundred and twenty-seven.

ARBITRATION

(15th August, 1975.)

General Provisions

1. This Act may be cited as the Arbitration Act. Short title.

2. The authority of an arbitrator or umpire appointed Authority arbitrators of and
by or by virtue of an arbitration agreement shall, unless a umpires to be
contrary intention is expressed in the agreement, be irrevocable.
irrevocable except by leave of the High Court.

3. (1) An arbitration agreement shall not be Death of party.
discharged by the death of any party thereto either as respects
the deceased or any other party, but shall in such an event
be enforceable by or against the personal representative of
the deceased.

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4 CAP. 33) Arbitration

(2) The authority of an arbitrator shall not be revoked
by the death of any party by whom he was appointed.

(3) Nothing in this section shall be taken to affect the
operation of any enactment or rule of law by virtue of which
any right of action is extinguished by the death of a person.

Bankruptcy. 4. (1) Where it is provided by a term in a contract
to which a bankrupt is a party that any differences arising
thereout or in connection therewith shall be referred to
arbitration, the said term shall, if the trustee in bankruptcy
adopts the contract, be enforceable by or against him so far
as relates to any such differences.

(2) Where a person who has been adjudged bankrupt
had, before the commencement of the bankruptcy, become
a party to an arbitration agreement, and any matter to which
the agreement applies requires to be determined in connec-
tion with or for the purposes of the bankruptcy proceedings,
then, if the case is one to which subsection (1) does not apply,
any other party to the agreement or, with the consent of
the committee of inspection, the trustee in bankruptcy, may
apply to the High Court for an order directing that the matter
in question shall be referred to arbitration in accordance with
the agreement, and the High Court may if it is of opinion
that having regard to all the circumstances of the case, the
matter ought to be determined by arbitration, make an order
accordingly.

Staying court
proceedings

5 . (1) If any party to an arbitration agreement or any
where there is person claiming through or under him, commences any legal
submission to proceedings in any court against any other party to the agree-
arbitration.

ment, or any person claiming through or under him, in
respect of any matter agreed to be referred, any party to
those legal proceedings may at any time after appearance,
before deliJering any pleadings or taking any other steps
in the apply to thatcourt to stay the
and that court, if satisfied that there is no sufficient reason
why the matter should not be referred in accordance with
the agreement, and that the applicant, was, at the time when
the proceedings were commenced and still remains, ready
and willing to do all things necessary to the proper conduct
of the arbitration, may make an order staying the
proceedings.

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Arbitration (CAP. 33

(2) Notwithstanding anything in Parts 1 to VIII, if any
party to a submission to arbitration made in pursuance of
an agreement to which the protocol set out in the First
Schedule applies, or any person claiming through or under
him, commences any legal proceedings in any court against
any other party to the submission, or any person claiming
through or under him, in respect of any matter agreed to
be referred, any party to those proceedings may at any time
after appearance, and before delivering any pleadings or
taking any other steps in the proceedings, apply to that court
to stay the proceedings, and that court or a judge or
magistrate thereof, unless satisfied that the agreement or
arbitration has become inoperative or cannot proceed or that
there is not in fact any dispute between the parties with regard
to the matter agreed to be referred, shall make an order stay-
ing the proceedings.

6. Where relief by way of interpleader is granted and Reference of
interpleader

it appears to the court that the claims in question are mat- ,,
ters to which an arbitration agreement, to which the claimants arbitration.
are parties, applies, the court may direct the issue between
the claimants to be determined in accordance with the
agreement.

Arbitrators and Umpires

7. Unless a contrary intention is expressed therein, When reference
1s to a single

every arbitration agreement shall, if no other mode of arbitrator.
reference is provided, be deemed to include a provision that
the reference shall be to a single arbitrator.

8. Where an arbitration agreement provides that the ~ ~ ~ ; 2 ~ ~ ~ ~ ;
reference shall be to two arbitrators, one to be appointed ,, supply
by each party, then, unless a contrary intention is expressed
therein, if either of the appointed arbitrators refuses to act,
or is incapable of acting, or dies, the party who appointed
him may appoint a new arbitrator in his place.

9. (1) Unless a contrary intention is expressed therein, Umpires.
every arbitration agreement shall, where the reference is to
two arbitrators, be deemed to include a provision that the
two arbitrators shall appoint an umpire immediately after
they are themselves appointed.

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6 CAP. 33) Arbitration

(2) Unless a contrary intention is expressed therein,
every arbitration agreement shall, where such a provision
is applicable to the reference, be deemed to include a provi-
sion that if the arbitrators have delivered to any party to
the arbitration agreement, or to the umpire a notice in writing
stating that they cannot agree, the umpire may forthwith
enter upon reference in lieu of the arbitrators and as if he
were a sole arbitrator.

Agreements for
references to

10. ( 1 ) Where an arbitration agreement provides that
three arbitrators. the reference shall be to three arbitrators, one to be appointed

by each party and the third to be appointed by the two
appointed by the parties, the agreement shall have effect as
if it provided for the appointment of an umpire, and not
for the appointment of a third arbitrator, by the two
arbitrators appointed by the parties.

(2) Where an arbitration agreement provides that the
reference shall be to three arbitrators to be appointed other-
wise than as mentioned in subsection ( I ) , the award of any
two of the arbitrators shall be binding.

Power of court
in certain cases
to appoint an
arbitrator or
umpire.

1 . (1) In any of the following cases-
( a ) where an arbitration agreement provides that

the reference shall be to a single arbitrator, and all par-
ties do not, after differences have arisen concur in the
appointment of an arbitrator;

(6 ) if an appointed arbitrator refuses to act, or is
incapable of acting, or dies, and the arbitration agree-
ment does not show that it was intended that the vacancy
should not be supplied and the parties do not supply
the vacancy;

(c) where the parties or two arbitrators are at liberty
to appoint an umpire or third arbitrator and do not
appoint him, or where two arbitrators are required to
appoint an umpire and do not appoint him; or

(d) where an appointed umpire or third arbitrator
refuses to act, or is incapable of acting, or dies, and
the arbitration agreement does not show that it was
intended that the vacancy should not be supplied and
the parties or arbitrators do not supply the vacancy,

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any party may serve the other parties or the arbitrators, as
the case may be, with a written notice to appoint or, as the
case may be, concur in appointing, an arbitrator, umpire
or third arbitrator, and if the appointment is not made within
seven clear days after the service of the notice, the High Court
may, on application by the party who gave the notice, appoint
an arbitrator, umpire or third arbitrator who shall have the
like powers to act in the reference and make an award as
if he had been appointed by consent of all parties.

(2) Where an arbitration agreement provides that the
reference shall be to two arbitrators one to be appointed by
each party, then, unless a contrary intention appears, if one
party fails to appoint an arbitrator, either originally or by
way of substitution for an appointed arbitrator who refuses
to act or is incapable of acting or dies, for seven clear days
after the other party having appointed his arbitrator has
served the party making default with notice to make the
appointment, the party who gave notice may apply to the
High Court and the High Court may, having heard such
application, appoint an arbitrator to act, and such arbitrator
shall have the like powers as if he had been appointed by
the party having power to appoint and who has failed so
to appoint.

12. Where an arbitration agreement provides that the :;2;;"',',fzee.
reference shall be to an official referee, any official referee
to whom application is made shall, subject to any order of
the High Court as to transfer or otherwise, hear and deter-
mine the matters agreed to be referred.

Conduct of Proceedings, Witnesses, Etc.

13. (1) Unless a contrary intention is expressed Conduct of
proceedings,

therein, every arbitration agreement shall, where such a pro- ,itnesses, etc.
vision is ap$icable to the Yeference, be deemed to contain
a provision that the parties to the reference, and all persons
claiming through them respectively, shall subject to any legal
objection, submit to be examined by the arbitrator or umpire,
on oath or affirmation, in relation to the matters in dispute,
and shall, subject as aforesaid, produce before the arbitrator
or umpire all documents within their possession or power
respectively which may be required or called for, and do

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8 CAP. 33) Arbitration

all other things which during the proceedings on the reference
the arbitrator or umpire may require.

(2) Unless a contrary intention is expressed therein,
every arbitration agreement shall, where such a provision
is applicable to the reference, be deemed to contain a provi-
sion that the witnesses on the reference shall, if the arbitrator
or umpire thinks fit, be examined on oath or affirmation.

(3) An arbitrator or umpire shall, unless a contrary
intention is expressed in the arbitration agreement, have
power to administer oaths to, or take the affirmation of, the
parties to and witnesses on a reference under the agreement.

(4) Any party to a reference under an arbitration agree-
ment may sue out a writ of subpoena ad testifiGandum or writ
of subpoena duces tecum, but no person shall be compelled under
any such writ to produce any document which he could not
be compelled to produce on the trial of an action, and the
High Court may order that a writ of subpoena ad testijkandum
or of subpoena duces tecum shall issue to compel the attendance
before an arbitrator or umpire of a witness wherever he may
be within Antigua and Barbuda.

(5) The High Court may also order that a writ of habeas
corpus ad test$icandum shall issue to bring up a prisoner for
examination before an arbitrator or umpire.

(6) The High Court shall have, for the purpose of and
in relation to a reference, the same power of making orders
in respect of-

(a ) security for costs;

(b) discovery of documents and interrogatories;

(c ) the giving of evidence by affidavit;

(d) examination on oath of any witness before an
officer of the High Court or any other person and the
issue of a commission or request for the examination
of a witness out of the jurisdiction;

(e) the preservation, interim custody or sale of any
goods which are the subject matter of the reference;

Cf) securing the amount in dispute in the reference;

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Arbitration (CAP. 33

(q) the detention, preservation or inspection of any
property or thing which is the subject of the reference
or as to which any question may arise therein, and
authorising for any of the purposes aforesaid any per-
sons to enter upon or into any land or building in the
possession of any party to the reference, or authorising
any samples to be taken or any observation to be made
or experiment to be tried which may be necessary or
expedient for the purpose of obtaining full information
or evidence; and

(h) interim injunctions or the appointment of a
receiver,

as it has for the purpose of and in relation to an action or
matter in the High Court:

Provided that nothing in this subsection shall be taken
to prejudice any power which may be vested in an arbitrator
or umpire of making orders with respect to any of the matters
aforesaid.

Provisions as to Awarh

14. (1) Subject to the provisions of section 23(2), and zL;;dfor making
anything to the contrary in the arbitration agreement, an
arbitrator or umpire shall have power to make an award
at any time.

(2) The time, if any, limited for making an award,
whether under this Act or otherwise, may from time to time
be enlarged by order of the High Court, whether that time
has expired or not.

(3) The High Court may, on the application of any
party to a reference, remove an arbitrator or umpire who
fails to use all reasonable dispatch in entering on and pro-
ceeding with the reference and making an award, and an
arbitrator or umpire who is removed by the High Court
under this subsection shall not be entitled to receive any
remuneration in respect of his services.

For the purposes of this subsection, the expresssion "pro-
ceeding with a reference" includes, in a case where two

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10 CAP. 33) Arbitration

Interim awards.

arbitrators are unable to agree, giving notice of that fact to
the parties and to the umpire.

15. Unless a contrary intention is expressed therein,
every arbitration agreement shall, where such a provision
is applicable to the reference, be deemed to contain a provi-
sion that the arbitrator or umpire may, if he thinks fit, make
an interim award, and any reference in this Part of this Act
to an award includes a reference to an interim award.

Specific
performance.

16. Unless a contrary intention is expressed therein,
every arbitration agreement shall, where such a provision
is applicable to the reference, be deemed to contain a provi-
sion that the arbitrator or umpire shall have the same power
as the High Court to order specific performance of.any con-
tract other than a contract relating to land or any interest
in land.

Awards to be
final.

17. Unless a contrary intention is expressed therein,
every arbitration agreement shall, where such a provision
is applicable to the reference, be deemed to contain a provi-
sion that the award to be made by the arbitrator or umpire
shall be final and binding on the parties and the persons
claiming under them respectively.

Power to correct 18. Unless a contrary intention is expressed in the
slips.

arbitration agreement, the arbitrator or umpire shall have
power to correct in an award any clerical mistake or error
arising from any accidental slip or omission.

Costs, Fees and Interest

Costs. 19. (1) Unless a contrary intention is expressed
therein, every arbitration agreement shall be deemed to
include a provision that the costs of the reference and award
shall be in the discretion of the arbitrator or umpire who
may direct to and by whom and in what manner those costs
or any part thereof shall be paid, and may tax or settle the
amount of costs to be so paid or any part thereof, and may
award costs to be paid as between solicitor and client.

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(2) Any costs directed by an award to be paid shall,
unless the award otherwise directs, be taxable in the High
Court.

(3) Any provision in an arbitration agreement to the
effect that the parties or any party thereto shall in any event
pay their or his own costs of the reference or award or any
art thereof shall be void. and Parts I to VIII shall. in the
case of an arbitration agreement containing any such provi-
sion, have effect as if that provision were not contained
therein:

Provided that nothing in this subsection shall invalidate
such a provision when it is part of an agreement to submit
to arbitration a dispute which has arisen before the making
of that agreement.

(4) If no provision is made by an award with respect to
the costs of the reference, any party to the reference may,
within fourteen days of the publication of the award or such
further time as the High Court may direct, apply to the
arbitrator for an order directing by and to whom those costs
shall be paid, and thereupon the arbitrator shall, after hear-
ing any party who may desire to be heard, amend his award
by adding thereto such directions as he may think proper
with respect to the payment of the costs of the reference.

20. (1) If in any case an arbitrator or umpire refuses Faxation of
arbitrators or to deliver his award except on payment of the fees demanded umpires fees.

by him, the High Court may, on application for the pur-
pose, order that the arbitrator or umpire shall deliver the
award to the applicant on payment into court by the appli-
cant of the fees demanded, and further that the fees demanded
shall be taxed by the Taxing Master and that out of the
money paid into court there shall be paid out to the arbitrator
or umpire by way of fees such sum as may be found
reasonable on taxation and that the balance of the money,
if any, shall be paid out to the applicant.

(2) An application for the purposes of this section may
be made by any party to the reference unless the fees
demanded have been fixed by a written agreement between
him and the arbitrator or umpire.

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12 CAP. 33) Arbitration

( 3 ) A taxation of fees under this section may be reviewed
in the same manner as a taxation of costs.

(4) The arbitrator or umpire shall be entitled to appear
and be heard on any taxation under this section.

Interest on
awards.

2 1. A sum directed to be paid by an award shall,
unless the award otherwise directs, carry interest as from
the date of the award and at the same rate as a judgment debt.

Special Cases, Remission and Setting Aside of Awards, etc.
Statement of 22. (1) An arbitrator or umpire may, and shall if so
case.

directed by the High Court, state-

(a) any question of law arising in the course of the
reference; or

(6) an award or any part of an award, in the form
of a special case for the decision of the High Court.

( 2 ) A special case with respect to an interim award or
with respect to a question of law arising in the course of
a reference may be stated, or may be directed by the High
Court to be stated, notwithstanding that proceedings under
the reference are still pending.

( 3 ) A decision of the High Court under this section shall
be deemed to be a judgment of the Court and, with the leave
of the Court of Appeal, an appeal shall lie to the Court of
Appeal from such judgment.

Power to remit
award.

23. (1) In all cases of reference to arbitration the High
Court may from time to time remit the matters referred,
or any of them to the reconsideration of the arbitrator or
umpire.

( 2 ) Where an award is remitted, the arbitrator or
umpire shall, unless the order otherwise directs, make his
award within three months after the date of the order.

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Arbitration (CAP. 33 13

24. (1) Where an arbitrator or umpire has miscon- Removal of
arbitrator and

ducted himself or the proceedings, the High Court may .,ide
remove him. award.

(2) Where an arbitrator or umpire has misconducted
himself or the proceedings, or an arbitration or award has
been improperly procured, the High Court may set the award
aside.

(3) Where an application is made to set aside an award,
the High Court may order that any money made payable
by the award shall be brought into court or otherwise secured
pending the determination of the application.

25. (1) Where an agreement between any parties pro- ? ~ ~ e ? ~ ~ ~ r ~
vides that disputes which may arise in the future between arbitrator is not
them shall be referred to an aibitrator named or designated ~ ~ ~ ~ ~ a ~ n ~ ~
in the agreement, and after a dispute has arisen any party question of
applies, on the ground that the arbitrator so named or fraud.
designated is not or may not be impartial, for leave to revoke
the authority of the arbitrator or for an iniunction to restrain .,
any other party or the arbitrator from proceeding with the
arbitration, it shall not be a ground for refusing the applica-
tion that the said party at the time when he made the agree-
ment knew, or ought to have known, that the arbitrator,
by reason of his relation towards any other party to the agree-
ment or of his connection with the subject referred, might
not be capable of impartiality.

, (2) Where an agreement between any parties provides
that disputes which may arise in the future between them
shall be referred to arbitration, and a dispute which so arises
involves the question whether any such party has been guilty
of fraud, the High Court shall, so far as may be necessary
to enable that question to be determined by the High Court,
have power to order that the agreement shall cease to have
effect and power to give leave to revoke the authority of any
arbitrator or umpire appointed by or by virtue of the
agreement.

(3) In any case where by virtue of this section the High
Court has power to order that an arbitration agreement shall
cease to have effect or to give leave to revoke the authority

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14 CAP. 33) Arbitration

of an arbitrator or umpire, the High Court may refuse to
stay any action brought in breach of the agreement.

Power of court
where arbitrator

26. (1) Where an arbitrator (not being a sole
is removed or arbitrator), or two or more arbitrators (not being all the
authority of arbitrators), or an umpire who has not entered on the
arbitrator is
revoked. reference is or are removed by the High Court, the High

Court may, on the application of any party to the arbitra-
tion agreement, appoint a person or persons to act as
arbitrator or arbitrators or umpire in place of the person
or persons so removed.

(2) Where the authority of an arbitrator or arbitrators
or umpire is revoked by leave of the High Court, or a sole
arbitrator or all the arbitrators or an umpire who has entered
on the reference is or are removed by the High Court, the
High Court may, on the application of any party to the
arbitration agreement, either-

(a) appoint a person to act as sole arbitrator in place
of the person or persons removed, or

( 6 ) order that the arbitration agreement shall cease
to have effect with respect to the dispute referred.

(3) A person appointed under this section by the High
Court as an arbitrator or umpire shall have the like power
to act in the reference and to make an award as if he had
been appointed in accordance with the terms of the arbitra-
tion agreement.

(4) Where it is provided (whether by means of a provi-
sion in the arbitration agreement or otherwise) that an award
under an arbitration agreement shall be a condition prece-
dent to the bringing of an action with respect to any matter
to which the agreement applies, the High Court, if it orders
(whether under this section or under any other enactment)
that the agreement shall cease to have effect as regards any
particular dispute, may further order that the provision
making an award a condition precedent to the bringing of
an action shall also cease to have effect as regards that dispute.

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Arbitration (CAP. 33 15

PART VII

Enforcement of Award
27. An award on an arbitration agreement may, by Enforcement of

leave of the High Court or a judge thereof, be enforced in award'
the same manner as a judgment or order of the High Court
to the same effect, and where leave is so given, judgment
may be entered in terms of the award.

PART VIII

Miscellaneous

28. Where the terms of an agreement to refer future Power of court to
extend time for disputes to arbitration provide that any claims to which the

agreement applies shall be barred unless notice to appoint arbitration
proceedings.

an arbitrator is given or an arbitrator is appointed or some
other step to commence arbitration proceedings is taken
within a time fixed by the agreement, and a dispute arises
to which the agreement applies, the High Court, if it is of
the opinion that in the circumstances of the case undue hard-
ship would otherwise be caused, and notwithstanding that
the time so fixed has expired, may, on such terms, if any,
as the justice of the case may require, but without prejudice
to the provisions of any enactment limiting the time for the
commencement of arbitration proceedings, extend the time
for such period as it thinks proper.

29. Any order made under Parts I to VIII may be z f m s as
made on such terms as to costs or otherwise as the authority
making the order thinks just:

Provided that this section shall not apply to any order
made under section 5(2).

30. Parts I to VIII (except the provisions of Government be bound. to
section 5(2) shall apply to any arbitration to which the
Government is a party.

3 I. (1) Parts I to VIII except the provisions thereof A P P ~ Parts ication I t VIII of
specified in subsection (2) hereof, shall apply to every to
arbitration under any other Act (whether passed before or arbitrations.
after the commencement of this Act) as if the arbitration
were pursuant to an arbitration agreement and as if that
other Act were an arbitration agreement, except in so far

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16 CAP. 33) Arbitration

as this Act is inconsistent with that other Act or with any
rules or procedure authorised or recognised thereby.

(2) The provisions referred to in subsection (1) are sec-
tions 3(1), 4, 5(2), 6, 19(3), 25, 26 and 28.

Meaning of
"Arbitration

32. In Parts I to VIII, unless the context otherwise
agreement-. requires, the expression "arbitration agreement" means a

written agreement to submit present or future differences
to arbitration, whether an arbitrator is named therein or not.

Enforcement of Certain Foreign Awardr
Awards which 33. (1) This Part applies to any award made, whether
Part IX applies.

before or after the coming into force of this Act,

(a) in pursuance of an agreement for arbitration
to which the protocol set out in the First Schedule hereto
applies; and

(b) between persons of whom one is subject to the
jurisdiction of some one of such Powers as Her Majesty,
being satisfied that reciprocal provisions have been made
in respect of Antigua and Barbuda, may by Order in
Council declare to be parties to the Convention set out
in the Second Schedule hereto, and of whom the other
is subject to the jurisdiction of some other of the Powers
aforesaid, and

(c) in one of such territories as Her Majesty, being
satisfied that reciprocal provisions in respect of Antigua
and Barbuda have been made, may by Order in Coun-
cil declare to be territories to which the said convention
applies;

and an award to which this Part applies is in this Part refer-
red to as "a foreign award".

(2) Her Majesty may by a subsequent Order in Coun-
cil vary or revoke any Order previously made under this
section.

(3) Any Order in Council under section one of the
Arbitration (Foreign Awards) Act, 1930 of the United

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Arbitration (CAP. 33 17

Kingdom which is in force at the commencement of this Act
shall have effect as if it had been made under this section.

34. (1) A foreign award shall, subject to the provi- Effect of foreign
awards. sions of this Part, be enforceable in Antigua and Barbuda

either by action or in the same manner as the award of an
arbitrator is enforceable by virtue of section 27 .

( 2 ) Any foreign award which would be enforceable
under this Part shall be treated as binding for all purposes
on the persons between whom it was made, and may accor-
dingly be relied on by any of those persons by way of defence,
set off or otherwise in any legal proceedings in Antigua and
Barbuda, and any references in this Part to enforcing a
foreign award shall be construed as including references to
relying on an award.

35. (1) In order that a foreign award may be conditions for
enforcement of enforceable under this Part it must have- foreign awards.

( a ) been made in pursuance of an agreement for
arbitration which was valid under the law by which it
was governed;

( 6 ) been made by the tribunal provided for in the
agreement or constituted in manner agreed upon by the
parties;

(c) been made in conformity with the law govern-
ing the arbitration procedure;

(4 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 laws of Antigua and
Barbuda,

and the enforcement thereof must not be contrary to public
policy or the laws of Antigua and Barbuda.

(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 has been annulled in the country in
which it was made;

LAWS OF ANTIGUA AND BARBUDA

18 CAP. 33) Arbitration

Evidence.

(b) the party against whom it is sought to enforce
the award was not given notice of the arbitration pro-
ceedings in 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 agreement 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 enforce-
ment 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
(a), (b) and (c) of subsection (I), or the existence of the con-
ditions specified in paragraphs (6) 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.

36. (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 coun-
try in which it was made; and

(6) 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 paragraphs (a), (b), and (c) of section 35(1)
are satisfied.

(2) In any case where any document required to be pro-
duced under subsection (1) is in a foreign language, it shall

LAWS OF ANTIGUA AND BARBUDA

Arbitration (CAP. 33 19

be the duty of the party seeking to enforce the award to pro-
duce a translation certified as correct by a diplomatic or con-
sular agent of the country to which that party belongs, or
certified as correct in such other manner as may be suffi-
cient to the laws of Antigua and Barbuda.

(3) Subject to the provisions of this section, rules of court
may be made under section seventeen of the Supreme Court :;K;S;: 1967
Order with respect to the evidence which must be furnished
by a party seeking to enforce an award under this Part.

37. For the purposes of this Part of this Act, an award f41f;';z!;g;trd.
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.

38. Nothing in this Part of this Act shall- Saving for other
rights, etc.

(a) prejudice any rights which any person would
have had of enforcing in Antigua and Barbuda any
award or of availing himself in Antigua and Barbuda
of any award if neither this Part nor Part I of the
Arbitration (Foreign Awards) Act, 1930 of the United
Kingdom had been enacted; or

(b) apply to any award made on an arbitration
agreement governed by the law of Antigua and Barbuda.

39. Any proceedings instituted under Part I of the Saving for
pending

Arbitration (Foreign Awards) Act, 1930, of the United proceedings.
Kingdom which are not completed at the commencement
of this Act may be carried on and completed under this Part
of this Act as if they had been instituted thereunder.

SCHEDULES

FIRST SCHEDULE Sections 5, 33

Protocol on Arbitration Clauses signed at a Meeting of the
Assembly of the League of Nations held on the twenty-fourth day
of September, nineteen hundred and twenty-three.

The undersigned, being duly authorised, declare that they
accept, on behalf of the countries which they represent, the follow-
ing provisions-

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 33) Arbitration

1. Each of the Contracting States recognises the validity
of an agreement whether relating to existing or future differences
between parties, subject respectively to the jurisdiction of different
Contracting States by which the parties to a contract agree to submit
to arbitration all or any differences that may arise in connection
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 obliga-
tions mentioned above to contracts which are considered as com-
mercial 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 pro-
cedure which require to be taken in their own territories, in ac-
cordance with the provisions of their law governing arbitral pro-
cedure applicable to existing differences.

3. Each Contracting State undertakes to ensure the execu-
tion by its authorities and in accordance with the provisions of
its national laws of arbitral awards made in its own territory under
the preceding articles.

4. The tribunals of the Contracting Parties, on being seiz-
ed of a dispute regarding a contract made between persons to whom
Article 1 applies and including an arbitration agreement whether
referring to present or future differences which is valid in virtue
of the said article and capable of being carried into effect, shall
refer the parties on the application of either of them to the deci-
sions of the arbitrators.

Such reference shall not prejudice the competence of the
judicial tribunal in case the agreement or the arbitration cannot
proceed or become inoperative.

5 . The present Protocol, which shall remain open for
signature by all States, shall be ratified. The ratifications shall
be deposited as soon as possible with the Secretary-General of the
League of Nations, who shall notify such deposit to all the signatory
States.

LAWS OF ANTIGUA AND BARBUDA

Arbitration (CAP. 33 2 1

6. The present Protocol shall come into force as soon as
two ratifications have been deposited. Thereafter it will take ef-
fect, in the case of each Contracting State, one month after the
notification by the Secretary-General of the deposit of its
ratification.

7. The present Protocol may be denounced by any Con-
tracting State on giving one year's notice. Denunciation shall be
effected by a notification addressed to the Secretary-General of
the League, who will immediately transmit copies of such notifica-
tion to all the other signatory States and inform them of the date
on which it was received. The denunciation shall take effect one
year after the date on which it was notified to the Secretary-General,
and shall operate only in respect of the notifying State.

8. The Contracting States may declare that their acceptance
of the present Protocol does not include any or all of the under-
mentioned territories: that is to say, their colonies, overseas posses-
sions or territories, protectorates or the territories over which they
exercise a mandate.

The said State may subsequently adhere separately on behalf
of any territory thus excluded. The Secretary-General of the League
of Nations shall be informed as soon as possible of such adhe-
sions. He shall notify such adhesions to all signatory States. They
will take effect one month after the notification by the Secretary-
General to all signatory States.

The Contracting States may also denounce the Protocol
separately on behalf of any of the territories referred to above.
Article 7 applies to such denunciation.

SECOND SCHEDULE Section 33

Convention on the Execution of Foreign Arbitral Awards sign-
ed at Geneva on the twenty-sixth day of September, nineteen hun-
dred and twenty-seven.

Article 1

In the territories of any High Contracting Party to which
the present Convention applies, an arbitral award made in pur-
suance of an agreement whether relating to existing or future dif-
ferences (hereinafter called "a submission to arbitration") covered

LAWS OF ANTIGUA AND BARBUDA

CAP. 33) Arbitration

by the Protocol on Arbitration Clauses, opened at Geneva on 24
September 1923, shall be recognised as binding and shall be en-
forced in accordance with the rules of the procedure of the ter-
ritory where the award is relied upon, provided that the said award
has been made in a territory of one of the High Contracting Par-
ties to which the present Convention applies and between persons
who are subject to the jurisdiction of one of the High Contracting
Parties.

T o obtain such recognition or enforcement, it shall, further,
be necessary:

( a ) That the award has been made in pursuance of a
submission to arbitration which is valid under the law ap-
plicable thereto;

( b ) That the subject-matter of the award is capable of
settlement by arbitration under the law of the country in which
the award is sought to be relied upon;

(c) That the award has been made by the Arbitral
Tribunal provided for in the submission to arbitration or con-
stituted in the manner agreed upon by the parties and in
conformity with the law governing the arbitration procedure;

(d) That the award has become final in the country in
which it has been made, in the sense that it will not be con-
sidered as such if it is open to opposition appel or pourvoi en
cassation (in the countries where such forms of procedure ex-
ist) or if it is proved that any proceedings for the purpose
of contesting the validity of the award are pending;

(e) That the recognition or enforcement of the award
is not contrary to the public policy or to the principles of
the law of the country in which it is sought to be relief upon.

Article 2

Even if the conditions laid down in Article 1 hereof are fulfilled.
recognition and enforcement of the award shall be refused if the
Court is satisfied-

( a ) That the award has been annulled in the country
in which it was made;

(6) That the party against whom it is sought to use the
award was not given notice of the arbitration proceedings
in sufficient time to enable him to present his case or that,
being under a legal incapacity, he was not properly
represented;

LAWS OF ANTIGUA AND BARBUDA

Arbitration (CAP. 33

(c) That the award does not deal with the differences
contemplated by or falling within the terms of the submis-
sion to arbitration or that it contains decisions on matters
beyond the scope of the submission to arbitration.
If the award has not covered all the questions submitted to

the arbitral tribunal, the competent authority of the country where
recognition or enforcement of the award is sought can, if it think
fit, postpone such recognition or enforcement or grant it subject
to such guarantees as that authority may decide.

Article 3

If the party against whom the award has been made proves
that, under the law governing the arbitration procedure, there
is a ground, other than the grounds referred to in Article l ( a )
and (c), and Article 2(b) and (c), entitling him to contest the validity
of the award in a Court of Law, the Court may, if it thinks fit,
either refuse recognition or enforcement of the award or adjourn
the consideration thereof, giving such party a reasonable time
within which to have the award annulled by the competent tribunal.

Article 4

The party relying upon an award or claiming its enforcement
must supply in particular-

(1) The original award or a copy thereof duly authenticated,
according to the requirements of the law of the country in which
it was made;

(2) Documentary or other evidence to prove that the award
has become final, in the sense defined in Article l ( 4 , in the coun-
try in which it was made;

(3) When necessary, documentary or other evidence to pro-
ve that the conditions laid down in Article 1, paragraph 1 and
paragraph 2(a) and (c) have been fulfilled.

Translation of the award and of the other documents men-
tioned in this Article into the official language of the country where
the award is sought to be relied upon may be demanded. Such
translation must be certified correct by a diplomatic or consular
agent of the country to which the party who seeks to rely upon
the award belongs or by a sworn translator of the country where
the award is sought to be relied upon.

LAWS OF ANTIGUA AND BARBUDA

CAP. 33) Arbitration

Article 5

The provisions of the above Articles shall not deprive any
interested party of the right of availing himself of an arbitral award
in the manner and to the extent allowed by the law or the treaties
of the country where such award is sought to be relied upon.

Article 6

The present Convention applies only to arbitral awards made
after the coming into force of the Protocol on Arbitration Clauses,
opened at Geneva on 24th September, 1923.

Article 7

The present Convention, which will remain open to the
signature of all the signatories of the Protocol of 1923 on Arbitra-
tion Clauses, shall be ratified.

It may be ratified only on behalf of those Members of the
League of Nations and non-Member States on whose behalf the
Protocol of 1923 whall have been ratified.

Ratifications shall be deposited as soon as possible with the
Secretary-General of the League of Nations, who will notify such
deposit to all the signatories.

Article 8

The present Convention shall come into force three months
after it shall have been ratified on behalf of two High Contracting
Parties. Thereafter, it shall take effect, in the case of each High
Contracting Party, three months after the deposit of the ratifica-
tion on its behalf with the Secretary-General of the League of
Nations.

Article 9
The present Convention may be denounced on behalf of any

Member of the League or non-Member State. Denunciation shall
be notified in writing to the Secretary-General of the League of
Nations, who will immediately send a copy thereof, certified to
be in conformity with the notification, to all the other Contrac-
ting Parties, at the same time informing them of the date on which
he received it.

The denunciation shall come into force only in respect of the
High Contracting Party which shall have notified it and one year
after such notification shall have reached the Secretary-General
of the League of Nations.

The denunciation of the Protocol on Arbitration Clauses shall
entail ipso facto the denunciation of the present Convention.

LAWS OF ANTIGUA AND BARBUDA

Arbitration (CAP. 33

Article 10

The present Convention does not apply to the Colonies, Pro-
tectorates or territories under suzerainty or mandate of any High
Contracting Party unless they are specially mentioned.

The application of this Convention to one or more of such
Colonies, Protectorates or territories to which the Protocol on Ar-
bitration Clauses, opened at Geneva on 24th September, 1923,
applies, can be effected at any time by means of a declaration
addressed to the Secretary-General of the League of Nations by
one of the High Contracting Parties.

Such declaration shall take effect three months after the deposit
thereof.

The High Contracting Parties can at any time denounce the
Convention for all or any of the Colonies, Protectorates or ter-
ritories referred to above. Article 9 hereof applies to such
denunciation.

Article 11

A certified copy of the present Convention shall be transmit-
ted by the Secretary-General of the League of Nations to every
Member of the League of Nations and to every non-Member State
which signs the same.
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