Arbitration (International Investment Disputes) Act 1983

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1983/1983-0016/ArbitrationInternationalInvestmentDisputesAct1983_1.pdf
Published: 2012-09-01

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Arbitration (International Investment Disputes) Act 1983

c i e
AT 16 of 1983

ARBITRATION (INTERNATIONAL

INVESTMENT DISPUTES) ACT 1983

Arbitration (International Investment Disputes) Act 1983 Index


c AT 16 of 1983 Page 3

c i e
ARBITRATION (INTERNATIONAL INVESTMENT

DISPUTES) ACT 1983

Index Section Page

1 Registration of Convention awards ............................................................................. 5
2 Effect of registration ....................................................................................................... 6
Procedural provisions 6

3 Application of Arbitration Act 1976 ............................................................................. 6
Immunities and privileges 7

4 Status, immunities and privileges conferred by the Convention ............................ 7
Supplemental 7

5 Interpretation ................................................................................................................... 7
6 Short title and commencement ..................................................................................... 8
SCHEDULE 9

SECTION 6 OF THE CONVENTION AS GIVEN THE FORCE OF LAW 9
ENDNOTES 11

TABLE OF LEGISLATION HISTORY 11
TABLE OF RENUMBERED PROVISIONS 11
TABLE OF ENDNOTE REFERENCES 11

Arbitration (International Investment Disputes) Act 1983 Section 1


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c i e
ARBITRATION (INTERNATIONAL INVESTMENT

DISPUTES) ACT 1983

Received Royal Assent: 29 June 1983
Passed: 12 July 1983
Commenced: 1 November 1983
AN ACT
to implement an international Convention on the settlement of
investment disputes between States and nationals of other States.
1 Registration of Convention awards

[P1966/41/1; Cmnd3255]
(1) This section has effect as respects awards rendered pursuant to the
Convention on the settlement of investment disputes between States and
nationals of other States which was opened for signature in Washington
on 18th March 1965 (in this Act called ‘the Convention’).
(2) A person seeking recognition or enforcement of such an award shall be
entitled to have the award registered in the High Court subject to proof
of the prescribed matters and to the other provisions of this Act.
(3) [Repealed]1

(4) In addition to the pecuniary obligations imposed by the award, the
award shall be registered for the reasonable costs of and incidental to
registration.
(5) If at the date of the application for registration the pecuniary obligations
imposed by the award have been partly satisfied, the award shall be
registered only in respect of the balance, and accordingly if those
obligations have then been wholly satisfied, the award shall not be
registered.
(6) Rules of court may —
(a) prescribe the procedure for applying for registration under this
section, and require an applicant to give prior notice of his
intention to other parties,
Section 2 Arbitration (International Investment Disputes) Act 1983


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(b) prescribe the matters to be proved on the application and the
manner of proof, and in particular require the applicant to furnish
a copy of the award certified pursuant to the Convention, and
(c) provide for the service of notice of registration of the award by the
applicant on other parties.
(7) For the purposes of this section and section 2, an award shall be deemed
to have been rendered pursuant to the Convention on the date on which
certified copies of the award were pursuant to the Convention
dispatched to the parties.
(8) This section and section 2 shall bind the Crown (but not so as to make an
award enforceable against the Crown in a manner in which a judgment
would not be enforceable against the Crown).
2 Effect of registration

[P1966/41/2]
(1) Subject to the provisions of this Act, an award registered under section 1
shall, as respects the pecuniary obligations which it imposes, be of the
same force and effect for the purposes of execution as if it had been a
judgment of the High Court given when the award was rendered
pursuant to the Convention and entered on the date of registration under
this Act, and, so far as relates to such pecuniary obligations —
(a) proceedings may be taken on the award,
(b) the sum for which the award is registered shall carry interest, and
(c) the High Court shall have the same control over the execution of
the award,
as if the award had been such a judgment of the High Court.
(2) Rules of court may contain provisions requiring the court on proof of the
prescribed matters to stay execution of any award registered under this
Act so as to take account of cases where enforcement of the award has
been stayed (whether provisionally or otherwise) pursuant to the
Convention, and may provide for the provisional stay of execution of the
award where an application is made pursuant to the Convention which,
if granted, might result in a stay of enforcement of the award.
Procedural provisions
3 Application of Arbitration Act 1976

(1) The Clerk of the Rolls may by order direct that any of the provisions
contained in section 13 of the Arbitration Act 1976 (attendance of
witnesses, production of documents, etc.) shall apply to such
proceedings pursuant to the Convention as are specified in the order,
with or without any modifications or exceptions specified in the order.
Arbitration (International Investment Disputes) Act 1983 Section 4


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(2) Subject to subsection (1), the Arbitration Act 1976 shall not apply to
proceedings pursuant to the Convention, but this subsection shall not be
taken as affecting section 4 of the said Act (stay of proceedings).
Immunities and privileges
4 Status, immunities and privileges conferred by the Convention

[P1966/41/4]
(1) Articles 18 to 20, 21(a) (with article 22 as it applies article 21(a)), 23(1) and
24 of the Convention (which confer status, immunities and privileges on
the Centre and certain other persons, and are set out in the Schedule)
shall have the force of law in the Island.
(2) Nothing in article 24(1) of the Convention as given the force of law by
this section shall be construed as —
(a) entitling the Centre to import goods free of customs duty without
any restriction on their subsequent sale in the country to which
they were imported, or
(b) conferring on the Centre any exemption from duties or taxes
which form part of the price of goods sold, or
(c) conferring on the Centre any exemption from duties or taxes
which are no more than charges for services rendered.
(3) For the purposes of articles 20 and 21(a) of the Convention as given the
force of law by this section, a statement to the effect that the Centre has
waived an immunity in the circumstances specified in the statement,
being a statement certified by the Secretary-General of the Centre (or by
the person acting as Secretary-General), shall be conclusive evidence.
Supplemental
5 Interpretation

In this Act —
“award
” includes any decision interpreting, revising or annulling an award,
being a decision pursuant to the Convention, and any decision as to costs
which under the Convention is to form part of the award;
“the Centre
” means the International Centre for Settlement of Investment
Disputes established by the Convention;
“the Convention
” means the convention referred to in section l(l);
“prescribed
” means prescribed by rules of court.
Section 6 Arbitration (International Investment Disputes) Act 1983


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6 Short title and commencement

(1) This Act may be cited as the Arbitration (International Investment
Disputes) Act 1983.
(2) This Act shall come into force on such day as the Governor in Council
may by order appoint.2

Arbitration (International Investment Disputes) Act 1983 Schedule



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SCHEDULE

[Section 4]
SECTION 6 OF THE CONVENTION AS GIVEN THE FORCE OF

LAW

Status, Immunities and Privileges
ARTICLE 18
The Centre shall have full international legal personality. The legal capacity of the
Centre shall include the capacity —
(a) to contract;
(b) to acquire and dispose of movable and immovable property;
(c) to institute legal proceedings.
ARTICLE 19
To enable the Centre to fulfil its functions, it shall enjoy in the territories of each
Contracting State the immunities and privileges set forth in this Section.
ARTICLE 20
The Centre, its property and assets shall enjoy immunity from all legal process, except
when the Centre waives this immunity.
ARTICLE 21
The Chairman, the members of the Administrative Council, persons acting as
conciliators or arbitrators or members of a Committee appointed pursuant to
paragraph (3) of Article 52, and the officers and employees of the Secretariat —
(a) shall enjoy immunity from legal process with respect to acts
performed by them in the exercise of their functions, except when
the Centre waives this immunity;
(b) ...
ARTICLE 22
The provisions of Article 21 shall apply to persons appearing in proceedings under this
Convention as parties, agents, counsel, advocates, witnesses or experts; ...
ARTICLE 23
(1) The archives of the Centre shall be inviolable, wherever they may be.
(2) ...
Schedule Arbitration (International Investment Disputes) Act 1983


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ARTICLE 24
(1) The Centre, its assets, property and income, and its operations and
transactions authorized by this Convention shall be exempt from all taxation and
customs duties. The Centre shall also be exempt from liability for the collection or
payment of any taxes or customs duties.
(2) Except in the case of local nationals, no tax shall be levied on or in respect
of expense allowances paid by the Centre to the Chairman or members of the
Administrative Council, or on or in respect of salaries, expense allowances or other
emoluments paid by the Centre to officials or employees of the Secretariat.
(3) No tax shall be levied on or in respect of fees or expense allowances
received by persons acting as conciliators, or arbitrators, or members of a Committee
appointed pursuant to paragraph (3) of Article 52, in proceedings under this
Convention, if the sole jurisdictional basis for such tax is the location of the Centre or
the place where such proceedings are conducted or the place where such fees or
allowances are paid.
Arbitration (International Investment Disputes) Act 1983 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (3) repealed by Civil Jurisdiction Act 2001 s 5 with saving. 2
ADO (whole Act) 1/11/1983 (GC194/83).