Arbitration (Foreign Awards) Act


Published: 1931-05-28

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Arbitration (Foreign Awards) Act
ARBITRATION (FOREIGN AWARDS) [CH.181 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

ARBITRATION (FOREIGN AWARDS)
CHAPTER 182

ARBITRATION (FOREIGN AWARDS)

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Application.
3. Effect of foreign award.
4. Conditions for enforcement of foreign awards.
5. Evidence.
6. Meaning of “final award”.
7. Saving.

SCHEDULE — Convention on the Execution of Foreign Arbitral Awards.

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CHAPTER 182

ARBITRATION (FOREIGN AWARDS)
An Act to give effect to a certain Convention on the

Execution of Arbitral Awards.
[Commencement 28th May, 1931]

WHEREAS a Convention, set out in the Schedule to
this Act, on the Execution of arbitral Awards was on the
twenty-sixth day of September, nineteen hundred and
twenty-seven, signed at Geneva on behalf of His Majesty;

AND WHEREAS It is expedient that such provisions
should be enacted as will enable the said Convention to
become operative in The Bahamas:

1. This Act may be cited as the Arbitration (Foreign
Awards) Act.

2. The provisions of this Act apply to any award
made after the twenty-eighth day of July, 1924 —

Act for giving effect to the protocol.
(a) in pursuance of an agreement for arbitration to

which the protocol set out in the Arbitration
Clauses (Protocol) Act applies; and

(b) between persons of whom one is subject to the
jurisdiction of some one of such Powers as the
Governor-General, being satisfied that recipro-
cal provisions have been made, may by Order
declare to be parties to the said Convention, 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 the Governor-General
being satisfied that reciprocal provisions have
been made, may by Order declare to be territories
to which the said Convention applies,

and an award to which the provisions of this Act apply is in
this Act referred to as a “foreign award”.

3. (1) A foreign award shall, subject to the provisions
of this Act, be enforceable either by action or under the
provisions of the Arbitration Act.

12 of 1931
12 of 1932
E.L.A.O., 1974
19 of 1975

Schedule.

Short title.

Application.

E.L.A.O., 1974.;
19 of 1975, Sch.

Ch. 181.

Effect of foreign
award.
12 of 1932, s. 2.
Ch. 180.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Any foreign award which would be enforceable
under this Act 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 Act to enforcing a foreign award
shall be construed as including references to relying on an
award.

4. (1) In order that a foreign award may be enforce-
able under this Act, 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 it was
made;

(e) been in respect of a matter which may lawfully
be referred to arbitration under the law of The
Bahamas,

and the enforcement thereof must not be contrary to the
public policy or the law of The Bahamas.

(2) Subject to the provisions of this subsection, a
foreign award shall not be enforceable under this Act if the
Supreme 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:

Conditions for
enforcement of
foreign awards.
12 of 1932, s. 2.

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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 non-existence of the conditions specified in paragraphs
(a), (b) and (c) of subsection (1) of this section, or the
existence of the conditions specified in paragraphs (b) and
(c) of subsection (2) of this section, 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.

5. (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 paragraphs (a), (b) and
(c) of subsection (1) of section 4 of this Act are
satisfied.

(2) In any case where any document required to be
produced under subsection (1) of this section 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
The Bahamas.

(3) Subject to the provisions of this section, rules of
court may be made under section 76 of the Supreme Court
Act with respect to the evidence which must be furnished
by a party seeking to enforce an award under this Act.

Evidence.

Ch. 53.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

6. For the purposes of this Act, 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.

7. Nothing in this Act shall —
(a) prejudice any rights which any person would

have had of enforcing in The Bahamas any
award, or of availing himself in The Bahamas of
any award if this Act had not been enacted; or

(b) apply to any award made on an arbitration
agreement governed by the law of The Bahamas.

SCHEDULE
CONVENTION ON THE EXECUTION OF FOREIGN

ARBITRAL AWARDS 1
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 the twenty-fourth 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 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;


1 Note: This Convention remains in force under the auspices of the United Nations

Organisation and the Secretary-General of U.N.O. carries out the functions of the
Secretary-General of the League of Nations under the Convention.

Meaning of
“final award”.

Saving.

12 of 1932, s. 2.

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(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, appeal or pouvoir en
cassation (in 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.

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 thinks 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 thereof, giving such party a reasonable time within
which to have the award annulled by the competent tribunal.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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
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 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 the twenty-fourth September 1923.

Article 7
The present Convention, which will remain open to the

signature of all 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.

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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 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 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 the twenty-fourth
September 1923, applies, can be effected at any time by the
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.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Article 11
A certified copy of the present Convention shall be

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.