UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION
UNCITRAL
Model Law on International Commercial Arbitration (1985)
CHAPTER I - GENERAL
PROVISIONS
Article 1 - Scope of application
Article 2 - Definitions and rules of interpretation
Article 3 - Receipt of written communications
Article 4 - Waiver of right to object
Article 5 - Extent of court intervention
Article 6 - Court or other authority for certain functions
of arbitration assistance and supervision
CHAPTER II - ARBITRATION
AGREEMENT
Article 7 - Definition
and form of arbitration agreement
Article 8 - Arbitration agreement and substantive claim
before court
Article 9 - Arbitration agreement and interim measures
by court
CHAPTER III - COMPOSITION
OF ARBITRAL TRIBUNAL
Article 10 - Number of
arbitrators
Article 11 - Appointment of arbitrators
Article 12 - Grounds for challenge
Article 13 - Challenge procedure
Article 14 - Failure or impossibility to act
Article 15 - Appointment of substitute arbitrator
CHAPTER IV - JURISDICTION
OF ARBITRAL TRIBUNAL
Article 16 - Competence
of arbitral tribunal to rule on its jurisdiction
Article 17 - Power of arbitral tribunal to order interim
measures
CHAPTER V - CONDUCT
OF ARBITRAL PROCEEDINGS
Article 18 - Equal treatment
of parties
Article 19 - Determination of rules of procedure
Article 20 - Place of arbitration
Article 21 - Commencement of arbitral proceedings
Article 22 - Language
Article 23 - Statements of claim and defence
Article 24 - Hearings and written proceedings
Article 25 - Default of a party
Article 26 - Expert appointed by arbitral tribunal
Article 27 - Court assistance in taking evidence
CHAPTER VI - MAKING
OF AWARD AND TERMINATION OF PROCEEDINGS
Article 28 - Rules applicable
to substance of dispute
Article 29 - Decision - making by panel of arbitrators
Article 30 - Settlement
Article 31 - Form and contents of award
Article 32 - Termination of proceedings
Article 33 - Correction of interpretation of award;
additional award
CHAPTER VII - RECOURSE
AGAINST AWARD
Article 34 - Application
for setting aside as exclusive recourse against arbitral
award
CHAPTER VIII -
RECOGNITION AND ENFORCEMENT OF AWARDS
Article 35 - Recognition
and enforcement
Article 36 - Grounds for refusing recognition or enforcement
UNCITRAL Model Law on
International Commercial Arbitration (1985)
UNCITRAL Model Law on
International Commercial Arbitration (1985) (as adopted
by the United Nations Commission on International Trade
Law on 21 June 1985)
CHAPTER I - GENERAL
PROVISIONS
Article 1 - Scope of
application
1 . This Law applies to
international commercial arbitration, subject to any
agreement in force between this State and any other
State or States.
2 . The provisions of this
Law, except articles 8, 9, 35 and 36, apply only if
the place of arbitration is in the territory of this
State.
3 . An arbitration is international
if:
(a) the parties to an arbitration
agreement have, at the time of the conclusion of that
agreement, their places of business in different States;
or
(b) one of the following
places is situated outside the State in which the parties
have their places of business:
(i) the place of arbitration
if determined in, or pursuant to, the arbitration agreement;
(ii) any place where a
substantial part of the obligations of the commercial
relationship is to be performed or the place with which
the subject-matter of the dispute is most closely connected;
or
(c) the parties have expressly
agreed that the subject-matter of the arbitration agreement
relates to more than one country.
4 . For the purposes of
paragraph (3) of this article:
(a) if a party has more
than one place of business, the place of business is
that which has the closest relationship to the arbitration
agreement;
(b) if a party does not
have a place of business, reference is to be made to
his habitual residence.
5 . This Law shall not
affect any other law of this State by virtue of which
certain disputes may not be submitted to arbitration
or may be submitted to arbitration only according to
provisions other than those of this Law.
Article 2 - Definitions
and rules of interpretation For the purposes of this
Law:
(a) "arbitration'
means any arbitration whether or not administered by
a permanent arbitral institution;
(b) "arbitral tribunal"
means a sole arbitrator or a panel of arbitrators;
(c) "court" means
a body or organ of the judicial system of a State;
(d) where a provision of
this Law, except article 28, leaves the parties free
to determine a certain issue, such freedom includes
the right of the parties to authorize a third party,
including an institution, to make that determination;
(e) where a provision of
this Law refers to the fact that the parties have agreed
or that they may agree or in any other way refers to
an agreement of the parties; such agreement includes
any arbitration rules referred to in that agreement;
(f) where a provision of
this Law, other than in articles 25 (a) and 32 (2) (a),
refers to a claim, it also applies to a counter-claim,
and where it refers to a defence, it also applies to
a defence to such counter-claim.
Article 3 - Receipt
of written communications
1 . Unless otherwise agreed
by the parties:
(a) any written communication
is deemed to have been received if it is delivered to
the addressee personally or if it is delivered at his
place of business, habitual residence or mailing address;
if none of these can be found after making a reasonable
inquiry, a written communication is deemed to have been
received if it is sent to the addressee's last-known
place of business, habitual residence or mailing address
by registered letter or any other means which provides
a record of the attempt to deliver it;
(b) the communication is
deemed to have been received on the day it is so delivered.
2 . The provisions of this
article do not apply to communications in court proceedings.
Article 4 - Waiver
of right to object
A party who knows that
any provision of this Law from which the parties may
derogate or any requirement under the arbitration agreement
has not been complied with and yet proceeds with the
arbitration without stating his objection to such non-compliance
without undue delay or, if a time-limit is provided
therefor, within such period of time, shall be deemed
to have waived his right to object.
Article 5 - Extent
of court intervention
In matters governed by
this Law, no court shall intervene except where so provided
in this Law.
Article 6 - Court or
other authority for certain functions of arbitration
assistance and supervision
The functions referred
to in articles 11(3), 11(4), 13(3),14,16 (3) and 34
(2) shall be performed by ... [Each State enacting this
model law specifies the court, courts or, where referred
to therein, other authority competent to perform these
functions.]
CHAPTER II - ARBITRATION
AGREEMENT
Article 7 - Definition
and form of arbitration agreement
1 . "Arbitration agreement"
is an agreement by the parties to submit to arbitration
all or certain disputes which have arisen or which may
arise between them in respect of a defined legal relationship,
whether contractual or not. An arbitration agreement
may be in the form of an arbitration clause in a contract
or in the form of a separate agreement.
2 . The arbitration agreement
shall be in writing. An agreement is in writing if it
is contained in a document signed by the parties or
in an exchange of letters, telex, telegrams or other
means of telecommunication which provide a record of
the agreement, or in an exchange of statements of claim
and defence in which the existence of an agreement is
alleged by one party and not denied by another. The
reference in a contract to a document containing an
arbitration clause constitutes an arbitration agreement
provided that the contract is in writing and the reference
is such as to make that clause part of the contract.
Article 8 - Arbitration
agreement and substantive claim before court
1 . A court before which
an action is brought in a matter which is the subject
of an arbitration agreement shall, if a party so requests
not later than when submitting his first statement on
the substance of the dispute, refer the parties to arbitration
unless it finds that the agreement is real and void,
inoperative or incapable of being performed.
2 . Where an action referred
to in paragraph (1) of this article has been brought,
arbitral proceedings may nevertheless be commenced or
continued, and an award may be made, while the issue
is pending before the court.
Article 9 - Arbitration
agreement and interim measures by court
It is not incompatible
with an arbitration agreement for a party to request,
before or during arbitral proceedings, from a court
an interim measure of protection and for a court to
grant such measure.
CHAPTER III - COMPOSITION
OF ARBITRAL TRIBUNAL
Article 10 - Number
of arbitrators
1 . The parties are free
to determine the number of arbitrators.
2 . Failing such determination,
the number of arbitrators shall be three.
Article 11 - Appointment
of arbitrators
1 . No person shall be
precluded by reason of his nationality from acting as
an arbitrator, unless otherwise agreed by the parties.
2 . The parties are free
to agree on a procedure of appointing the arbitrator
or arbitrators, subject to the provisions of paragraphs
(4) and (5) of this article.
3 . Failing such agreement,
(a) in an arbitration with
three arbitrators, each party shall appoint one arbitrator,
and the two arbitrators thus appointed shall appoint
the third arbitrator; if a party fails to appoint the
arbitrator within thirty days of receipt of a request
to do so from the other party, or if the two arbitrators
fail to agree on the third arbitrator within thirty
days of their appointment, the appointment shall be
made, upon request of a party, by the court or other
authority specified in article 6;
(b) in an arbitration with
a sole arbitrator, if the parties are unable to agree
on the arbitrator, he shall be appointed, upon request
of a party, by the court or other authority specified
in article 6.
4 . Where, under an appointment
procedure agreed upon by the parties,
(a) a party fails to act
as required under such procedure, or
(b) the parties, or two
arbitrators, are unable to reach an agreement expected
of them under such procedure, or
(c) a third party, including
an institution, fails to perform any function entrusted
to it under such procedure, any party may request the
court or other authority specified in article 6 to take
the necessary measure, unless the agreement on the appointment
procedure provides other means for securing the appointment.
5 . A decision on a matter
entrusted by paragraph (3) and (4) of this article to
the court or other authority specified in article 6
shall be subject to no appeal. The court or other authority,
in appointing an arbitrator, shall have due regard to
any qualifications required of the arbitrator by the
agreement of the parties and to such considerations
as are likely to secure the appointment of an independent
and impartial arbitrator and, in the case of a sole
or third arbitrator, shall take into account as well
the advisability of appointing an arbitrator of a nationality
other than those of the parties.
Article 12 - Grounds
for challenge
1 . When a person is approached
in connection with his possible appointment as an arbitrator,
he shall disclose any circumstances likely to give rise
to justifiable doubts as to his impartiality or independence.
An arbitrator, from the time of his appointment and
throughout the arbitral proceedings, shall without delay
disclose any such circumstances to the parties unless
they have already been informed of them by him.
2 . An arbitrator may be
challenged only if circumstances exist that give rise
to justifiable doubts as to his impartiality or independence,
or if he does not possess qualifications agreed to by
the parties. A party may challenge an arbitrator appointed
by him, or in whose appointment he has participated,
only for reasons of which he becomes aware after the
appointment has been made.
Article 13 - Challenge
procedure
1 . The parties are free
to agree on a procedure for challenging an arbitrator,
subject to the provisions of paragraph (3) of this article.
2 . Failing such agreement,
a party which intends to challenge an arbitrator shall,
within fifteen days after becoming aware of the constitution
of the arbitral tribunal or after becoming aware of
any circumstance referred to in article 12(2), send
a written statement of the reasons for the challenge
to the arbitral tribunal. Unless the challenged arbitrator
withdraws from his office or the other party agrees
to the challenge, the arbitral tribunal shall decide
on the challenge.
3 . If a challenge under
any procedure agreed upon by the parties or under the
procedure of paragraph (2) of this article is not successful,
the challenging party may request, within thirty days
after having received notice of the decision rejecting
the challenge, the court or other authority specified
in article 6 to decide on the challenge, which decision
shall be subject to no appeal; while such a request
is pending, the arbitral tribunal, including the challenged
arbitrator, may continue the arbitral proceedings and
make an award.
Article 14 - Failure
or impossibility to act
1 . If an arbitrator becomes
de jure or de facto unable to perform his functions
or for other reasons fails to act without undue delay,
his mandate terminates if he withdraws from his office
or if the parties agree on the termination. Otherwise,
if a controversy remains concerning any of these grounds,
any party may request the court or other authority specified
in article 6 to decide on the termination of the mandate,
which decision shall be subject to no appeal.
2 . If, under this article
or article 13 (2), an arbitrator withdraws from his
office or a party agrees to the termination of the mandate
of an arbitrator, this does not imply acceptance of
the validity of any ground referred to in this article
or article 12 (2).
Article 15 - Appointment
of substitute arbitrator
Where the mandate of an
arbitrator terminates under article 13 or 14 or because
of his withdrawal from office for any other reason or
because of the revocation of his mandate by agreement
of the parties or in any other case of termination of
his mandate, a substitute arbitrator shall be appointed
according to the rules that were applicable to the appointment
of the arbitrator being replaced.
CHAPTER IV - JURISDICTION
OF ARBITRAL TRIBUNAL
Article 16 - Competence
of arbitral tribunal to rule on its jurisdiction
1 . The arbitral tribunal
may rule on its own jurisdiction, including any objections
with respect to the existence or validity of the arbitration
agreement. For that purpose, an arbitration clause which
forms part of a contract shall be treated as an agreement
independent of the other terms of the contract. A decision
by the arbitral tribunal that the contract is null and
void shall not entail ipso jure the invalidity of the
arbitration clause.
2 . A plea that the arbitral
tribunal does not have jurisdiction shall be raised
not later than the submission of the statement of defence.
A party is not precluded from raising such a plea by
the fact that he has appointed, or participated in the
appointment of, an arbitrator. A plea that the arbitral
tribunal is exceeding the scope of its authority shall
be raised as soon as the matter alleged to be beyond
the scope of its authority is raised during the arbitral
proceedings. The arbitral tribunal may, in either case,
admit a later plea if it considers the delay justified.
3 . The arbitral tribunal
may rule on a plea referred to in paragraph (2) of this
article either as a preliminary question or in an award
on the merits. If the arbitral tribunal rules as a preliminary
question that it has jurisdiction, any party may request,
within thirty days after having received notice of that
ruling, the court specified in article 6 to decide the
matter, which decision shall be subject to no appeal;
while such a request is pending, the arbitral tribunal
may continue the arbitral proceedings and make an award.
Article 17 - Power
of arbitral tribunal to order interim measures
Unless otherwise agreed
by the parties, the arbitral tribunal may, at the request
of a party, order any party to take such interim measure
of protection as the arbitral tribunal may consider
necessary in respect of the subject-matter of the dispute.
The arbitral tribunal may require any party to provide
appropriate security in connection with such measure.
UNCITRAL Model Law on
International Commercial Arbitration (1985)
UNCITRAL Model Law on
International Commercial Arbitration (1985) (as adopted
by the United Nations Commission on International Trade
Law on 21 June 1985)
CHAPTER V - CONDUCT
OF ARBITRAL PROCEEDINGS
Article 18 - Equal
treatment of parties
The parties shall be treated
with equality and each party shall be given a full opportunity
of presenting his case.
Article 19 - Determination
of rules of procedure
1 . Subject to the provisions
of this Law, the parties are free to agree on the procedure
to be followed by the arbitral tribunal in conducting
the proceedings.
2 . Failing such agreement,
the arbitral tribunal may, subject to the provisions
of this Law, conduct the arbitration in such manner
as it considers appropriate. The power conferred upon
the arbitral tribunal includes the power to determine
the admissibility, relevance, materiality and weight
of any evidence.
Article 20 - Place
of arbitration
1 . The parties are free
to agree on the place of arbitration. Failing such agreement,
the place of arbitration shall be determined by the
arbitral tribunal having regard to the circumstances
of the case, including the convenience of the parties.
2 . Notwithstanding the
provisions of paragraph (1) of this article, the arbitral
tribunal may, unless otherwise agreed by the parties,
meet at any place it considers appropriate for consultation
among its members, for hearing witnesses, experts or
the parties, or for inspection of goods, other property
or documents.
Article 21 - Commencement
of arbitral proceedings
Unless otherwise agreed
by the parties, the arbitral proceedings in respect
of a particular dispute commence on the date on which
a request for that dispute to be referred to arbitration
is received by the respondent.
Article 22 - Language
1 . The parties are free
to agree on the language or languages to be used in
the arbitral proceedings. Failing such agreement, the
arbitral tribunal shall determine the language or languages
to be used in the proceedings. This agreement or determination,
unless otherwise specified therein, shall apply to any
written statement by a party, any hearing and any award,
decision or other communication by the arbitral tribunal.
2 . The arbitral tribunal
may order that any documentary evidence shall be accompanied
by a translation into the language or languages agreed
upon by the parties or determined by the arbitral tribunal.
Article 23 - Statements
of claim and defence
1 . Within the period of
time agreed by the parties or determined by the arbitral
tribunal, the claimant shall state the facts supporting
his claim, the points at issue and the relief or remedy
sought, and the respondent shall state his defence in
respect of these particulars, unless the parties have
otherwise agreed as to the required elements of such
statements. The parties may submit with their statements
all documents they consider to be relevant or may add
a reference to the documents or other evidence they
will submit.
2 . Unless otherwise agreed
by the parties, either party may amend or supplement
his claim or defence during the course of the arbitral
proceedings, unless the arbitral tribunal considers
it inappropriate to allow such amendment having regard
to the delay in making it.
Article 24 - Hearings
and written proceedings
1 . Subject to any contrary
agreement by the parties, the arbitral tribunal shall
decide whether to hold oral hearings for the presentation
of evidence or for oral argument, or whether the proceedings
shall be conducted on the basis of documents and other
materials. However, unless the parties have agreed that
no hearings shall be held, the arbitral tribunal shall
hold such hearings at an appropriate stage of the proceedings,
if so requested by a party.
2 . The parties shall be
given sufficient advance notice of any hearing and of
any meeting of the arbitral tribunal for the purposes
of inspection of goods, other property or documents.
3 . All statements, documents
or other information supplied to the arbitral tribunal
by one party shall be communicated to the other party.
Also any expert report or evidentiary document on which
the arbitral tribunal may rely in making its decision
shall be communicated to the parties.
Article 25 - Default
of a party
Unless otherwise agreed
by the parties, if, without showing sufficient cause,
(a) the claimant fails
to communicate his statement of claim in accordance
with article 23 (1), the arbitral tribunal shall terminate
the proceedings;
(b) the respondent fails
to communicate his statement of defence in accordance
with article 23 (1), the arbitral tribunal shall continue
the proceedings without treating such failure in itself
as an admission of the claimant's allegations;
(c) any party fails to
appear at a hearing or to produce documentary evidence,
the arbitral tribunal may continue the proceedings and
make the award on the evidence before it.
Article 26 - Expert
appointed by arbitral tribunal
1 . Unless otherwise agreed
by the parties, the arbitral tribunal
(a) may appoint one or
more experts to report to it on specific issues to be
determined by the arbitral tribunal;
(b) may require a party
to give the expert any relevant information or to produce,
or to provide access to, any relevant documents, goods
or other property for his inspection.
2 . Unless otherwise agreed
by the parties, if a party so requests or if the arbitral
tribunal considers it necessary, the expert shall, after
delivery of his written or oral report, participate
in a hearing where the parties have the opportunity
to put questions to him and to present expert witnesses
in order to testify on the points at issue.
Article 27 - Court
assistance in taking evidence
The arbitral tribunal or
a party with the approval of the arbitral tribunal may
request from a competent court of this State assistance
in taking evidence. The court may execute the request
within its competence and according to its rules on
taking evidence.
CHAPTER VI - MAKING
OF AWARD AND TERMINATION OF PROCEEDINGS
Article 28 - Rules
applicable to substance of dispute
1 . The arbitral tribunal
shall decide the dispute in accordance with such rules
of law as are chosen by the parties as applicable to
the substance of the dispute. Any designation of the
law or legal system of a given State shall be construed,
unless otherwise expressed, as directly referring to
the substantive law of that State and not to its conflict
of laws rules.
2 . Failing any designation
by the parties, the arbitral tribunal shall apply the
law determined by the conflict of laws rules which it
considers applicable.
3 . The arbitral tribunal
shall decide ex aequo et bono or as amiable compositeur
only if the parties have expressly authorized it to
do so.
4 . In all cases, the arbitral
tribunal shall decide in accordance with the terms of
the contract and shall take into account the usages
of the trade applicable to the transaction.
Article 29 - Decision
- making by panel of arbitrators
In arbitral proceedings
with more than one arbitrator, any decision of the arbitral
tribunal shall be made, unless otherwise agreed by the
parties, by a majority of all its members. However,
questions of procedure may be decided by a presiding
arbitrator, if so authorized by the parties or all members
of the arbitral tribunal.
Article 30 - Settlement
1 . If, during arbitral
proceedings, the parties settle the dispute, the arbitral
tribunal shall terminate the proceedings and, if requested
by the parties and not objected to by the arbitral tribunal,
record the settlement in the form of an arbitral award
on agreed terms.
2 . An award on agreed
terms shall be made in accordance with the provisions
of article 31 and shall state that it is an award. Such
an award has the same status and effect as any other
award on the merits of the case.
Article 31 - Form and
contents of award
1 . The award shall be
made in writing and shall be signed by the arbitrator
or arbitrators. In arbitrator proceedings with more
than one arbitrator, the signatures of the majority
of all members of the arbitral tribunal shall suffice,
provided that the reason for any omitted signature is
stated.
2 . The award shall state
the reasons upon which it is based, unless the parties
have agreed that no reasons are to be given or the award
is an award on agreed terms under article 30.
3 . The award shall state
its date and the place of arbitration as determined
in accordance with article 20 (1). The award shall be
deemed to have been made at that place.
4 . After the award is
made, a copy signed by the arbitrators in accordance
with paragraph (1) of this article shall be delivered
to each party.
Article 32 - Termination
of proceedings
1 . The arbitral proceedings
are terminated by the final award or by an order of
the arbitral tribunal in accordance with paragraph (2)
of this article.
2 . The arbitral tribunal
shall issue an order for the termination of the arbitral
proceedings when:
(a) the claimant withdraws
his claim, unless the respondent objects thereto and
the arbitral tribunal recognizes a legitimate interest
on his part in obtaining a final settlement of the dispute;
(b) the parties agree on
the termination of the proceedings;
(c) the arbitral tribunal
finds that the continuation of the proceedings has for
any other reason become unnecessary or impossible.
3 . The mandate of the
arbitral tribunal terminates with the termination of
the arbitral proceedings, subject to the provisions
of articles 33 and 34 (4).
Article 33 - Correction
of interpretation of award; additional award
1 . Within thirty days
of receipt of the award, unless another period of time
has been agreed upon by the parties:
(a) a party, with notice
to the other party, may request the arbitral tribunal
to correct in the award any errord in computation, any
clerical or typographical errors or any errors of similar
nature;
(b) if so agreed by the
parties, a party, with notice to the other party, may
request the arbitral tribunal to give an interpretation
of a specific point or part of the award. If the arbitral
tribunal considers the request to be justified, it shall
make the correction or give the interpretation within
thirty days of receipt of the request. The interpretation
shall form part of the award.
2 . The arbitral tribunal
may correct any error of the type referred to in paragraph
(1) (a) of this article on its own initiative within
thirty days of the day of the award.
3 . Unless otherwise agreed
by the parties, a party, with notice to the other party,
may request, within thirty days of receipt of the award,
the arbitral tribunal to make an additional award as
to claims presented in the arbitral proceedings but
omitted from the award. If the arbitral tribunal considers
the request to be justified, it shall make the additional
award within sixty days.
4 . The arbitral tribunal
may extend, if necessary, the period of time within
which it shall make a correction, interpretation or
an additional award under paragraph (1) or (3) of this
article. 5 . The provisions of article 31 shall apply
to a correction or interpretation of the award or to
an additional award.
CHAPTER VII - RECOURSE
AGAINST AWARD
Article 34 - Application
for setting aside as exclusive recourse against arbitral
award
1 . Recourse to a court
against an arbitral award may be made only by an application
for setting aside in accordance with paragraphs (2)
and (3) of this article.
2 . An arbitral award may
be set aside by the court specified in article 6 only
if:
(a) the party making the
application furnishes proof that:
(i) a party to the arbitration
agreement referred to in article 7 was 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 this State; or
(ii) the party making the
application was not given proper notice of the appointment
of an arbitrator or of the arbitral proceedings or was
otherwise unable to present his case; or
(iii) the award deals with
a dispute not contemplated by or not falling within
the terms of the submission to arbitration, or contains
decisions on matters beyond the scope of the submission
to arbitration, provided that, if the decisions on matters
submitted to arbitration can be separated from those
not so submitted, only that part of the award which
contains decisions on matters not submitted to arbitration
may be set aside; or
(iv) the composition of
the arbitral tribunal or the arbitral procedure was
not in accordance with the agreement of the parties,
unless such agreement was in conflict with a provision
of this Law from which the parties cannot derogate,
or, failing such agreement, was not in accordance with
this Law; or
(b) the court finds that:
(i) the subject-matter
of the dispute is not capable of settlement by arbitration
under the law of this State; or
(ii) the award is in conflict
with the public policy of this State.
3 . An application for
setting aside may not be made after three months have
elapsed from the date on which the party making that
application had received that award or, if a request
had been made under article 33, from the date on which
that request had been disposed of by the arbitral tribunal.
4 . The court, when asked
to set aside an award, may, where appropriate and so
requested by a party, suspend the setting aside proceedings
for a period of time determined by it in order to give
the arbitral tribunal an opportunity to resume the arbitral
proceedings or to take such other action as in the arbitral
tribunal's opinion will eliminate the grounds for setting
aside.
CHAPTER VIII -
RECOGNITION AND ENFORCEMENT OF AWARDS
Article 35 - Recognition
and enforcement
1 . An arbitral award,
irrespective of the country in which it was made, shall
be recognized as binding and, upon application in writing
to the competent court, shall be enforced subject to
the provisions of this article and of article 36.
2 . The party relying on
an award or applying for its enforcement shall supply
the duly authenticated original award or a duly certified
copy thereof, and the original arbitration agreement
referred to in article 7 or a duly certified copy thereof.
If the award or agreement is not made in an official
language of this State, the party shall supply a duly
certified translation thereof into such language.
Article 36 - Grounds
for refusing recognition or enforcement
1 . Recognition or enforcement
of an arbitral award, irrespective of the country in
which it was made, may be refused only:
(a) at the request of the
party against whom it is invoked, if that party furnishes
to the competent court where recognition or enforcement
is sought proof that:
(i) a party to the arbitration
agreement referred to in article 7 was 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
(ii) the party against
whom the award is invoked was not given proper notice
of the appointment of an arbitrator or of the arbitrator
proceedings or was otherwise unable to present his case;
or
(iii) the award deals with
a dispute not contemplated by or not falling within
the terms of the submission to arbitration, or it contains
decisions on matters beyond the scope of the submission
to arbitration, provided that, if the decisions on matters
submitted to arbitration can be separated from those
not so submitted, that part of the award which contains
decisions on matters submitted to arbitration may be
recognized and enforced; or
(iv) the composition of
the arbitral tribunal or the arbitral procedure was
not in accordance with the agreement of the parties
or, failing such agreement, was not in accordance with
the law of the country where the arbitration took place;
or
(v) the award has not yet
become binding on the parties or has been set aside
or suspended by a court of the country in which, or
under the law of which, that award was made; or
(b) if the court finds
that:
(i) the subject-matter
of the dispute is not capable of settlement by arbitration
under the law of this State; or
(ii) the recognition or
enforcement of the award would be contrary to the public
policy of this State.
2 . If an application for
setting aside or suspension of an award has been made
to a court referred to in paragraph (1) (a) (v) of this
article, the court where recognition or enforcement
is sought may, if it considers it proper, adjourn its
decision and may also, on the application of the party
claiming recognition or enforcement of the award, order
the other party to provide appropriate security.
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