Arbitration (Recognition and Enforcement, etc.) Act

Link to law: http://www.moj.gov.jm/laws/arbitration-recognition-and-enforcement-etc-act
Published: 2001-08-03

ARBITRATION (RECOGNITIONAND ENFORCEmNT OF
FOREIGN A WARDS)

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20ar u(II THE ARBTTRATION (RECOGNITION AND

ENFORCEMENT OF FOREIGN AWARDS) ACT

[ 3rdAup1 , 2001.1

1. This Act may be cited as the Arbitration (Recognition and t'tk
Enforcement of Foreign Awards, Act.

2. In this Act- Im-m-
tmn

"the Convention" means the Convention on the Recognition
and Enforcement of Foreign Arbitral Awards, done in
New York on the loth day of June, 1958.

3.-(1) Subject to subsection (Z), the Convention shall have afcowe*
U00 the force of law in Jamaica.

(2) The provisions of the Convention shall apply-

(a) to any award where reciprocal provisions have been
made in relation to the recognition and enforcement of
such an award made in the territory of a State party to
the Convention; and

(b) to any difference which may arise out of any legal
relationship, whether or not CO- which in
Jamaica is a commercial relationship.

(3) The text of the Convention is set out in the Schedule<

4 . 4 1 ) A foreign award shall, subject to the provisions of
this Act, be enforceable in Jamaica either by action or under the
provisions of section 13 of the Arbitration Act.

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

Schedule

E R m of

2 ARBITRATION lRECOGNITIONAND ENFORCEMENT OF
FOREIGN A WARDW

SCHEDULE (Section 3 j
COWXNTION ON T I E F.WXKiNITIOX AND EI\’FORCF,bmT OF FOREIGN

ARBITRAL AWARDS

Article I
1. This Convention shall apply to the recognition and enforcement of

arbitral awards made in the temtory of a State other than the State whcre the
recognition and enforcement of such awards are sought, and arising out of
differences between persons, whether physical or legal. It shall also apply to
arbitral awards not considered as domestic awards in the State where their
recognition and enforcement are sought.

2. The lerm “arbitral awards” shall include not only awards made by
arbitrators appointed for each case but also thox made by permanent arbitral
bodies to which the parties have submitted.

3. When signing. ratifying or acceding to this Convention, or notifying
extension under a c l e X hereof, any state may on the basis of reciprocity
declare that it will apply the Convention to the recognition and enforcement
of awards made only in the territory of another Contracting Slate. It may
also declare that it will apply the Convention only to differences arising out
of legal relationship, whether contractual or not, which are considered as
commercial under the national law of the State d n g such declaration

Arficie I1
1, Each Contracting State shall recognize an agreement in writing under

which the pilrties undenake to submit to arbitration all or any differences
which have arisen or which may arise between &em in respect of a defined
legal relationship, whether contractual or not, concerning a subject matter
capable of settlement by arbitration.

2. The term “agreement in wTiting” shall include an arbitml clause in a
cantract or an arbitration agreement, signed by the parties or contained in an
exchange of letters or telegrams.

3. The court of a Contracting State, when seized of an action in a matter in
respect of which the parties have made an agreement within thc meaning of
this article, shall, at the requesl of one of the parties, refer the parties to
atbitratio& unless it finds that the said agreement is null and void
inoprative or incapable of being performed.

Arficie m
Each Contracting State shall recognize arbitral awards as binding and

enforce them in accordance with the rules of procedure of the lerritory when:
the award is relied upos under the conditiom laid down in the following
articles. There shall not be im@ substantially more onems con&tions or
higher fees or charges on the mgnition or enforcement of arbitral awards to

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[Thc i i iciiisioii c d Llh~ )?age II nill~orrmcd by L N. I I2I1IXl? I

ARBITRATION (RECOGNITIONAND ENFORCEMENT OF
FOREIGN A WARDW

which this Convention applies than are imposed on the recognition or
enforcement of domestic arbitral awards.

Article I V
1. To obtain the recognition and enfwcement mentioned in the preceding

article, the party applying for recognition and enforcement shall, at the time
of the application, supply:

(U) The duly authenticated original award or a duly certified oopy
thereoc

(b) ?he original agreement referred to in article I1 or a duly certified
copy thereof

2. Ifthe said a d or ageement is not made in an official language o f the
country in which the award is relied u p , the party applying for recognition
and enforcement of the award shall produce a translation of these documents
into such language. The translation shall be certified by an official or sworn
translator or by a diplomatic or consular agent.

Article V
I . Recognition and enforcement of the award may be refused, at the

request of the party against whom it is invoked, only if that party furnishes to
the competent authority where the mgni t ion and enforcement is sought,
Droof that:

The parties to the agreement r e f e d to in article 11 were, under the
law applicable to them, under some incapacity, or the said agreement
is not valid under the law to which the parties have subjected it or,
failing any indication thereon, under the law of the country where
the award was made; or
The party against whom the award is invoked was not given proper
notice of the appointment of the arbitrator or of the arbitration
proceedings or wm otherwise unable to present his case; or
The award deals with a difference not mntemplated by or not
falling within the terms of the submission to arbi!ration, or i t
contains decisions on matters beyond the soope of the submission to
arbitration, provided that, if the decisions on matters submitted to
arbitration can be separated 6om those not so submitted, that part of
the award which contains decisions on matters submitted to
arbitration may be recognized and enfwced, or
The composition of the arbitral authority or the arbitral procedure
was not in accordance with the agreement of the parties, or, failing
such a p m n e n t was not in accordance with the law of the counby
where the arbitration took place; or
The award has not yet beuxne binding on the parties, or has been set
aside or suspended by a competent authority of the ccuntry in which,
or under the law of which, that award wm made.

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4 ARBITRATION (RE(I0GNITIONAND ENFORCEMENT OF
FOREIGN A WAHDq

2. Rccognition and enforcement of an arbitral award may also be refused if
the competent authority in the country where recognition and enforcement is
sought finds that:

The subject matter of the difference is not capeble of settlement by
arbitration under the law of that country; or
The recognition or enforcement of the award would be CO- to
the public policy of that counuy

Article 1’7

2 If an application for the setting aside or suspension of the award has been made to a competent authority referred to in article V (1) (e), the authority
before which the award is sought to be relied upon may, if it considers it
proper, adjourn the decision on the enforcement of the award and may also,
on the aMication of the p l y claiming enforcement of the award, order the
other party to give suitable security.

Article VII
1. The pro%isions of the present Convention shall not affect the validity of

multilateral or bilateral agreements concerning the recognition and
enforcement of arbitral awards entered mo by the Conkacting States MI
deprive any interested party of any right he may have to avail 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

2. The Geneva Rotocol on Atbibation Clauses of 1923 and the Geneva
Convention on the Execution of Foreign Arbibal Awards of 1927 shall m e
to have effect between Contracting States on their becoming bound and to the
extent that they become bun4 by this Convention.

Article YIII
1. This Convention shall be open until 3 1 December 1958 for signature on

behalf of any Member of the United Nations and also on behalf of any other
State which is or hereafter becomes a member of any specialized agency of
the United Nations, or which is or -er becomes a plrtr to the StaMe of
the International Court of Justice, or any other State to which an invitation
has been addressed by the General Assembly of the United Nations.

2. This Convention shall be ratified and the inshument of ratification shall
be deposited with the Secretary-General of the United Nations

Article IX
1, This Convention shall be open for accession to all States referred to in

2. Accession shall be effected by the deposit of an instrument of accession
article W I .

with the SeCretary-Generab of the United Nations.

Ilh illch$m i r f i l A lmge is aiillinrirrrl hy L.N. 1 I >TOO2 I

ARBITRATION fRECOGNITION AND ENFORCEMENT OF
FOREIGN A WARDS)

Article X
1. Any State may, at the time of signature, ratification or accession,

declare that this Convention shall extend to all or any of the territories for the
international relations of which it is responsible. Such a declaration shall
take effect when the Convention enters into force for the State Concerned.

2. At any time thereafter any such extension shall be made by notification
addressed to the Secretary-Gen~al of the United Nations and shall take
effect as fiom the ninetieth day after the day of receipt by the Secretary-
General of the United Nations of this notification, or as h the date ofenby
into force of the Convention for the state concerned, whichever is the later.

3. With respect to those territnies to which this Convention is not
extended at the time of signature, ratification or accession, each State
concerned shall consider the possibility of taking the necmary steps in order
to extend the application of this Convention to such tenitories, subject, where
necffsary for constitutional reams, to the consent of the Govarunmts of
such territories.

Article XI
In the case of a federal or non-unitary State, the following provisions shall

( U ) With respect to those articles of this Convention that come within the
legislative jurisdiction of the federal authority, the obligations of the
federal Government shall to this extent be the same as those of
Contracting States which are not fedml States;

(b) With respect to those articles of this Convention that m e within the
legislative jurisdiction of constituent states a provinces which are
not, under the constitutional system of the federation, bmnd to take
legislative action, the federal Government shall b r ig such articles
with a favourable remmmmdation to the notice of the approp-iate
authorities of unstituent state OT provinces at the earliest possible
momenS

(c) A federal State Party to this Convention shall, at the request of any
other Contracting State transmitted through the Secretary-General of
the United Nations, supply a statement of the law and practice ofthe
federation and its constituent units in regard to any particular
provision of this Convention, showing the extent to wbich effect has
been given to that provision by legislative or other action.

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apply:

Article XI1
1. This Convention shall m e into force on the ninetieth day following the

date of deposit of the thiid i n m e n t of ratification or acxzssion.
2. For each State ratifying or a d m g to this Convention ailer the deposit

of the third instrument of ratification or accession, this Convention shall enter
into force on the ninetieth day after deposit by such state of its inshument of
ratification or accession.

IT1k 111c1iiimi c i l l l n h p ; i p is iiitheired by L ~ l i . I I I!2W? ]

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6 ARBITRATION (RECOGNITIONAND ENFORCEUENT OF
FOREIGN A WAYARDS)

Article XIII
1. Any Contracting State may denounce this Convention by a Mitten

notification to the Secretary-cienaal of the United Nations. Denunciation
shall take effect one year a& the date of receipt of the notification by the
S€lX*GRleral.

2. Any State whih has made a declaration or notification under article X
may, at any time thereafter, by notification to the SBcretary-General of the
United Nations, declare that this Conwntion shall ca se to extend to the
territory concerned one year after the date of the receipt of the notification by
the SeCretary-General.

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3. This Convention shall continue to be applicable to arbibal awards in
respect of which recognition or enforcement p r d i n g s have been instituted
before the enunciation takes effect.

Article XIV
A Contracting State shall not be- entitled to avail itself of the present

Convention against cdhther Contracting States except to the extent that it is
itselfbound to apply the Convention.

Arlicle XV
The Sexeiary-General of the United Nations shall notiFy the States

contemplated in article Vlll ofthe following:

(a) Signatures and ratifications in accordance with article VIH;
(b) Aocessions in aoooTdance wili~ article I X

(c) k l a r a t i m s and notifications undar articles I, X and X1;
(d) The date u p wfiich this Convention enters into force in

accordance with article XIJ;
(e) Denunciations andnotifications in amdance with micle X111.

Article XVI
1. This Convention, of which the C h i n a , English, French, Russian and

Spanish texts shall be equally authentic, shall be deposited in the archives of
the United Nations.

2. The Secretary-General of the United Nations sha11 tranunit a certified
copy of this Convention to the Stam contemplated in m’cle VIII.
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