Page:Arbitration Ordinance (Cap. 609).pdf/64

ARBITRATION ORDINANCE '''88. Evidence to be produced for enforcement of Convention awards'''

The party seeking to enforce a Convention award must produce—
 * (a) the duly authenticated original award or a duly certified copy of it;
 * (b) the original arbitration agreement or a duly certified copy of it; and
 * (c) if the award or agreement is in a language or languages other than either or both of the official languages, a translation of it in either of the official languages certified by an official or sworn translator or by a diplomatic or consular agent.

89. Refusal of enforcement of Convention awards

(1) Enforcement of a Convention award may not be refused except in the cases mentioned in this section.

(2) Enforcement of a Convention award may be refused if the person against whom it is invoked proves—
 * (a) that a party to the arbitration agreement was (under the law applicable to that party) under some incapacity;
 * (b) that the arbitration agreement was not valid—
 * (i) under the law to which the parties subjected it; or
 * (ii) (if there was no indication of the law to which the arbitration agreement was subjected) under the law of the country where the award was made;
 * (c) that the person—
 * (i) was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings; or
 * (ii) was otherwise unable to present the person’s case;
 * (d) subject to subsection (4), that the award—
 * (i) deals with a difference not contemplated by or not falling within the terms of the submission to arbitration; or
 * (ii) contains decisions on matters beyond the scope of the submission to arbitration;
 * (e) that the composition of the arbitral authority or the arbitral procedure was not in accordance with—
 * (i) the agreement of the parties; or
 * (ii) (if there was no agreement) the law of the country where the arbitration took place; or
 * (f) that the award—
 * (i) has not yet become binding on the parties; or