Chapter 007:03 - Arbitration

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/458-chapter-703-arbitration/file

L.R.O. 1/2012
LAWS OF GUYANA
ARBITRATION ACT
CHAPTER 7:03
Act
17 of 1916
Amended by
16 of 1927 4 of 1931





1 – 26 ... 1/2012
(inclusive) by L.R.O.
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Current Authorised Pages
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 7:03
ARBITRATION ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
PART I
GENERAL PROVISIONS
2. Interpretation.
References by Consent Out of Court
3. Submission irrevocable and effective as order of court.
4. Provisions implied in submissions.
5. Power to stay proceedings where there is a submission.
6. Power for the Court in certain cases to appoint an arbitrator, umpire, or
third arbitrator.
7. Power for parties in certain cases to supply vacancy.
8. Powers of arbitrator.
9. Writ of subpoena.
10. Enlargement of time for making award.
11. Power to remit award.
12. Power to set aside award.
13. Enforcing award.
References Under Order of Court
14. Reference for report.
l 5. Power to refer in certain cases.
16. Powers and remuneration of referees and arbitrators.
l 7. Court to have powers as in references by consent.
18. Full Court to have powers of Court.

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General SECTION
19. Power to compel attendance of witness in any part of Guyana and to
order habeas corpus to issue.
20. Statement of case pending arbitration.
21. Costs.
22. Penalty for perjury.
23. State to be bound.
PART II
PROVISIONS RELATING TO THE PROTOCOL SET FORTH IN THE
SECOND SCHEDULE
24. (1) Definition of the “protocol”.
(2) Staying proceedings as to matters to be referred under agreements to
which the protocol applies.
PART III
PROVISIONS RELATING TO THE CONVENTION SET FORTH IN
THE THIRD SCHEDULE
25. Interpretation.
26. Application.
27. Effect of foreign award.
28. Conditions for enforcement of foreign awards.
29. Evidence.
30. Meaning of final award.
31. Saving.
FIRST SCHEDULE—Provisions to be implied in submissions.
SECOND SCHEDULE—Protocol on arbitration clauses.
THIRD SCHEDULE—Convention on the execution of foreign arbitral awards.
__________________________

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1929 Ed.
c. 24
1953 Ed.
c. 38 _______________________________________________________
17 of 1916 An Act to provide for the Arbitration of Disputes.
[2ND SEPTEMBER, 1916]
Short title.

Interpretation.
c. 3:02

Submission
irrevocable and
effective as
order of court.
Provision
implied in
submissions.
First Schedule.
1. This Act may be cited as the Arbitration Act.
PART I
GENERAL PROVISIONS
2. In this Act—
“the Court” means the High Court of Guyana;
“judge” means a judge of the Court;
“rules of court” means rules and orders made under the High
Court Act;
“submission” means a written agreement to submit present or
future differences to arbitration, whether an arbitrator is
named therein or not.
References by Consent Out of Court
3. A submission, unless a contrary intention is
expressed therein, shall be irrevocable, except by leave of the
Court or a judge, and shall have the same effect in all respects
as if it had been made an order of court.
4. A submission, unless a contrary intention is
expressed therein, shall be deemed to include the provisions
set forth in the First Schedule so far as they are applicable to
the reference under the submission.
CHAPTER 7:03
ARBITRATION ACT

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Power to stay
proceedings
where there is a
submission.
Power for the
Court in
certain cases to
appoint an
arbitrator,
umpire, or
third arbitrator.
5. If any party to a submission, or any person claiming
through or under him, commences any legal proceedings in
any court against another 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 legal
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 thereof, if satisfied that there is no
sufficient reason why the matter should not be referred in
accordance with the submission, 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.
6. (1) In any of the following cases, namely—
(a) where a submission provides that the
reference shall be to a single
arbitrator, and all the parties do not
after differences have arisen concur in
the appointment of an arbitrator;
(b) if an appointed arbitrator refuses to
act, or is incapable of acting, or dies,
and the submission 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;
(d) where an appointed umpire or third
arbitrator refuses to act, or is
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Power for
parties in
certain cases to
supply
vacancy.
incapable of acting, or dies, and the
submission does not show that it was
intended that the vacancy should not
be supplied, and the parties or
arbitrators do not supply the vacancy;
any party may serve the other parties or the arbitrators, as the
case may be, with a written notice to appoint an arbitrator,
umpire, or third arbitrator.

(2) If the appointment is not made within seven
clear days after the service of the notice, the Court or a Judge
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.
7. Where a submission provides that the reference
shall be to two arbitrators, one to be appointed by each party,
then, unless the submission expresses a contrary intention—
(a) 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;
(b) if, on the reference, one party fails to
appoint an arbitrator, either originally or by
way of substitution as aforesaid, 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 has
appointed an arbitrator may appoint that
arbitrator to act as sole arbitrator in the
reference, and his award shall be binding on
both parties as if he had been appointed by
consent:
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Powers of
arbitrator.
Writ of
subpoena.

Enlargement of
time for making
award.
Power to remit
award.

Power to set
aside award.
Provided that the Court or a judge may set aside any
appointment made in pursuance of this section.
8. The arbitrators or umpire acting under a
submission shall, unless the submission expresses a contrary
intention, have power—
(a) to administer oaths to or take the
affirmations of the parties and witnesses
appearing; and
(b) to state an award as to the whole or part
thereof in the form of a special case for the
opinion of the Court; and
(c) to correct in an award any clerical mistake
or error arising from any accidental slip or
omission.
9. Any party to a submission may sue out a writ of
subpoena ad testificandum, or a writ of subpoena duces tecum, but
no person shall be compelled under the writ to produce any
document which he could not be compelled to produce on the
trial of an action.
10. The time for making an award may from time to
time be enlarged by order of the Court or a judge, whether the
time for making the award has expired or not.
11. In all cases of reference to arbitration the Court or
a judge may from time to time remit the matters referred, or
any of them, to the reconsideration of the arbitrators or
umpire, and where an award is remitted, the arbitrators or
umpire shall, unless the order otherwise directs, make their
award within three months after the date of the order.
12. Where an arbitrator or umpire has misconducted
himself, the Court may remove him, and where an arbitrator
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Enforcing
award.

Reference for
report.
Power to refer
in certain cases.
or umpire has misconducted himself, or an arbitration or
award has been improperly procured, the Court may set the
award aside.
13. An award on a submission may, by leave of the
Court or a judge, be enforced in the same manner as a
judgment or order to the same effect.
References Under Order of Court
14. (1) Subject to rules of court, the Court or a judge
may refer to any special referee any question arising in any
cause or matter (other than a criminal proceeding by the
State) for inquiry or report.
(2) The report of any special referee may be
adopted wholly or partially by the Court or a judge, and if so
adopted may be enforced as a judgment or order to the same
effect.
15. In any cause or matter (other than a criminal
proceeding by the State)—
(a) if all the parties interested who are not
under disability consent; or
(b) if the cause or matter requires any
prolonged examination of documents or any
specific or local investigation which cannot
in the opinion of the Court be conducted by
the Court through its other ordinary officers;
or
(c) if the question in dispute consists wholly or
in part of matters of account,
the Court or a judge may at any time order the whole cause or
matter, or any question or issue of fact arising therein, to be
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Powers and
remuneration of
referees and
arbitrators.
Court to have
powers as in
references by
consent.
Full Court to
have powers of
Court.
Power to
compel
attendance of
witness in any
part of Guyana
and to order
habeas corpus to
issue.
tried before a special referee or arbitrator respectively agreed
on by the parties, or before an officer of the Court.
16. (1) In all cases of reference to any special referee or
arbitrator under an order of the Court or a judge in any cause
or matter, the special referee or arbitrator shall be deemed to
be an officer of the Court, and shall have the authority, and
conduct the reference in the manner prescribed by rules of
court, and subject thereto as the Court or a judge directs.
(2) The report or award of any special referee or
arbitrator on the reference shall, unless set aside by the Court
or a judge, be equivalent to the judgment of the Court.
(3) The remuneration to be paid to any special
referee or arbitrator to whom any matter is referred under
order of the Court or a judge shall be determined by the Court
or a judge.
17. The Court or a judge shall, as to references under
order of the Court or a judge, have all the powers which are
by this Act conferred on the Court or a judge as to references
by consent out of court.
18. The Full Court of the High Court shall have all the
powers conferred by this Act on the Court or a judge thereof
under the provisions relating to references under order of the
Court.
General
19. The Court or a judge may order that a writ of
subpoena ad testificandum or of a subpoena duces tecum shall
issue to compel the attendance, before any special referee, or
before any arbitrator or umpire, of a witness wherever he
may be within Guyana, and may also order that a writ of
habeas corpus ad testificandum shall issue to bring up a prisoner
for examination before any special referee, or before any
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Statement of
case pending
arbitration.
Costs.
Penalty for
perjury.


State to be
bound.
Cap.24 of
1939Ed.
Definition of the
“protocol”.
Second
Schedule.
Staying
proceedings as
to matters to
arbitrator or umpire.
20. Any referee, arbitrator, or umpire, may at any
stage of the proceedings under a reference, and shall, if so
directed by the Court or a judge, state in the form of a special
case for the opinion of the Court any question of law arising
in the course of the reference.
21. Any order made under this Act may be made on
those terms as to costs, or otherwise, which the authority
making the order thinks just.
22. Anyone who wilfully and corruptly gives false
evidence before any referee, arbitrator, or umpire, shall be
guilty of perjury, as if the evidence had been given in open
court, and may be dealt with, prosecuted and punished
accordingly.
23. This Act shall, except as in this Act expressly
mentioned, apply to any arbitration to which the State is a
party, but nothing in this Act shall empower the Court or a
judge to order any proceedings to which the State is a party,
or any question or issue in those proceedings, to be tried
before any referee, arbitrator, or officer, without the consent
of the Attorney-General, or affect the law as to costs payable
by the State.
PART II
PROVISIONS RELATING TO THE PROTOCOL SET
FORTH IN THE SECOND SCHEDULE
24. (1) In this section, “the protocol” means the
protocol on arbitration clauses set forth in the Second
Schedule and signed on behalf of the British Crown on the
24th September, 1923.
(2) Notwithstanding anything in this Act
contained, if any party to a submission made in pursuance of
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be referred
under
agreements to
which the
protocol
applies.
[4 of 1931]

Interpretation.
Third
Schedule.

Application.
Second
Schedule.
an agreement to which the protocol applies, or anyone
claiming through or under him, commences any legal
proceedings in any court against any other party to the
submission or anyone 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, and
before delivering any pleading or taking other steps in the
proceedings, apply to that court to stay the proceedings and
the court or a judge 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 staying the proceedings.
PART III
PROVISIONS RELATING TO THE CONVENTION SET
FORTH IN THE THIRD SCHEDULE
25. In this Part—
“the Convention” means the Convention on the Execution of
Foreign Arbitral Awards signed at Geneva on behalf of
the British Crown on the 26th September, 1927, which
convention is set forth in the Third Schedule.
26. This Part applies to any awards made after the
28th July, 1924—
(a) in pursuance of an agreement for arbitration
to which the protocol set out in the Second
Schedule applies; and
(b) between the persons of whom one is subject
to the jurisdiction of some one of such
Powers as the President, being satisfied that
reciprocal provisions have been made, may
by order declare to be parties to the
Convention, and of whom the other is
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Effect of
foreign award.

Conditions for
enforcement of
foreign awards.
subject to the jurisdiction of some other of
the Powers aforesaid; and
(c) in one of such territories as the President,
being satisfied that reciprocal provisions
have been made, may by order declare to be
territories to which the Convention applies,
and an award to which this Act applies is in this Act referred
to as a “foreign award.”
27. (1) A foreign award shall, subject to this Act, be
enforceable either by action or under section 13.
(2) Any foreign 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, and
any references in this Part to enforcing a foreign award shall
be construed as including references to relying on an award.
28. (1) In order that a foreign award may be
enforceable under this Part, it must have—
(a) been made in pursuance of an
agreement for arbitration which was
valid under the law by which it was
governed;
(b) 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
governing the arbitration procedure;
(d) become final in the country in which
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it was made;
(e) been in respect of a matter which may
lawfully be referred to arbitration
under the law of Guyana,
and the enforcement thereof must not be contrary to the
public policy or the law of Guyana.
(2) Subject to this subsection, a foreign award shall
not be enforceable under this Part if the High Court is
satisfied that—

(a) the award has been annulled in the
country in which it was made; or
(b) the party against whom it is sought
to enforce the award was not given
notice of the arbitration proceedings
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
enforcement 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
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Evidence.
c. 3:02
nonexistence of the conditions specified in subsection (1)(a),
(b) and (c), or the existence of the conditions specified in
subsection (2)(b) and (c), 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.
29. (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 country in
which it was made; and
(b) 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 sub-section (1)(a), (b)
and (c) of the last foregoing section
are satisfied.

(2) In any case where any document required to be
produced under subsection (1) is in a foreign language, it
shall be the duty of the party seeking to enforce the award to
produce a translation certified as correct by a diplomatic or
consular agent of the country to which that party belongs, or
certified as correct in such other manner as may be sufficient
according to the law of Guyana.
(3) Subject to this section, rules of court may be
made under section 67 of the High Court Act with respect to
the evidence which must be furnished by a party seeking to
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Meaning of
final award.
Saving.
s. 4
enforce an award under this Part.
30. 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.
31. Nothing in this Part shall—
(a) prejudice any rights which any person
would have had of enforcing in Guyana any
award, or of availing himself in Guyana 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 Guyana.
FIRST SCHEDULE
PROVISIONS TO BE IMPLIED IN SUBMISSIONS
(a) If no other mode of reference is provided, the
reference shall be to a single arbitrator.
(b) If the reference is to two arbitrators, the two
arbitrators may appoint an umpire at any time within the
period during which they have power to make an award.
(c) The arbitrators shall make their award in writing
within three months after entering on the reference, or after
having been called on to act by notice in writing from any
party to the submission, or on or before any later day to
which the arbitrators, by any writing signed by them, from
time to time enlarge the time for making the award.
(d) If the arbitrators have allowed their time or extended
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time to expire without making an award, or have delivered to
any party to the submission, or to the umpire, a notice in
writing stating that they cannot agree, the umpire may
forthwith enter on the reference in lieu of the arbitrators.
(e) The umpire shall make his award within one month
after the original or extended time appointed for making the
award of the arbitrators has expired, or on or before any later
day to which the umpire by any writing signed by him from
time to time enlarges the time for making his award.
(f) The parties to the reference, and all parties claiming
through them respectively, shall, subject to any legal
objection, submit to be examined by the arbitrators or umpire,
on oath or affirmation, in relation to the matters in dispute,
and shall, subject as aforesaid, produce before the arbitrators
or umpire all books, deeds, papers, accounts, writings and
documents within their possession or power respectively,
which may be required or called for, and do all other things
which during the proceedings on the reference the arbitrators
or umpire require.
(g) The witnesses on the reference, should the arbitrators
or umpire think fit, shall be examined on oath or affirmation.
(h) The award to be made by the arbitrators or umpire
shall be final and binding on the parties and the persons
claiming under them respectively.
(i) The costs of the reference and award shall be in the
discretion of the arbitrators 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 so to
be paid or any part thereof, and may award costs to be paid
as between solicitor and client.
________

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s. 24
SECOND SCHEDULE
PROTOCOL ON ARBITRATION CLAUSES
The undersigned, being duly authorised, declare that
they accept on behalf of the countries which they represent
the following provisions—
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
obligation mentioned above to contracts which are considered
as commercial 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
procedure which require to be taken in their own territories,
in accordance with the provisions of their law governing
arbitral procedure applicable to existing differences.
3. Each Contracting State undertakes to ensure the
execution by its authorities and in accordance with the
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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
seized 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 decisions of the
arbitrators.
Such reference shall not prejudice the competence of the
judicial tribunals 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.
6. The present Protocol shall come into force as soon as
two ratifications have been deposited. Thereafter it will take
effect, 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
Contracting 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 notification 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.

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s. 25
8. The Contracting States may declare that their
acceptance of the present Protocol does not include any or all
of the undermentioned territories: that is to say, their
colonies, overseas possessions or territories, protectorates or
the territories over which they exercise a mandate.
The said States 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 adhesions. 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.
______________
THIRD SCHEDULE
CONVENTION ON THE EXECUTION OF FOREIGN
ARBITRAL AWARDS
ARTICLE 1
In the territories of any High Contracting Party to which
the present Convention applies, an arbitral award made in
pursuance of an agreement, whether relating to existing or
future differences (hereinafter called “a submission to
arbitration”) covered by the Protocol on Arbitration Clauses,
opened at Geneva on 24th September,1923, shall be
recognised as binding and shall be enforced in accordance
with the rules of the procedure of the territory where the
award is relied upon, provided that the said award has been
made in a territory of one of the High Contracting Parties to
which the present Convention applies and between persons
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who are subject to the jurisdiction of one of the High
Contracting Parties.
To 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 applicable 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 constituted 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 considered as such if
it is open to opposition appel or pourvoi en
cassation (in the countries where such forms
of procedure exist) 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 relied upon.

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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;
(b) 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;
(c) That the award does not deal with the
differences contemplated by or falling
within the terms of the submission 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 guarantee 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 1 (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
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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 1 (d), in the country in
which it was made;
(3) When necessary, documentary or other
evidence to prove that the conditions laid
down in Article 1, paragraph 1 and
paragraph 2 (a) and (c), have been fulfilled.
A translation of the award and of the other documents
mentioned 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.
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
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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 September 24th,
1923.
ARTICLE 7
The present Convention, which will remain open to the
signature of all the signatories of the Protocol of 1923 on
Arbitration 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 shall 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 ratification 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 of non-Member State.
Denunciation shall be notified in writing to the Secretary
General of the League of Nations, who will immediately send
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a copy thereof, certified to be in conformity with the
notification, to all the other Contracting 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.
ARTICLE 10
The present Convention does not apply to the Colonies,
Protectorates 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
Arbitration Clauses, opened at Geneva on September 24th,
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
territories referred to above. Article 9 hereof applies to such
denunciation.
ARTICLE 11
A certified copy of the present Convention shall be
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transmitted 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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