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- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 31/01/1997
Point in time view as at 01/02/1991.
There are currently no known outstanding effects for the Multilateral Investment Guarantee Agency Act 1988, Cross Heading: Arbitration proceedings under the Convention.
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(1)A party to a dispute which is the subject of an award rendered pursuant to Article 4 of Annex II to the Convention shall be entitled to have the award registered in the High Court subject to proof of such matters as are prescribed by rules of court and to the other provisions of this section.
(2)In addition to any sum payable under the award, the award shall be registered for the reasonable costs of and incidental to registration.
(3)If at the date of the application for registration any sum payable under the award has been partly paid, the award shall be registered only in respect of the balance and accordingly if that sum has then been wholly paid the award shall not be registered.
(4)An award registered under this section shall be of the same force and effect for the purpose of execution as if it had been a judgment of the High Court given when the award was rendered as mentioned in subsection (1) above and entered on the date of registration under this section and—
(a)proceedings may be taken on the award;
(b)any 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.
(5)This section 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; and an award shall not be enforceable against a State to which the provisions of Part I of the M1State Immunity Act 1978 apply except in accordance with those provisions.
(6)In this section “award” includes any decision interpreting an award; and for the purposes of this section an award shall be deemed to have been rendered pursuant to Article 4 of Annex II when a copy of it is transmitted to each party as provided in paragraph (h) of that Article.
Marginal Citations
The power to make rules under section 84 of the M2Supreme Court Act 1981 shall include the power—
(a)to prescribe the procedure for applying for registration under section 4 above and to require an applicant to give prior notice of his intention to other parties;
(b)to prescribe the matters to be proved on the application and the manner of proof;
(c)to provide for the service of notice of registration of the award by the applicant on other parties; and
(d)to make provision requiring the court on proof of such matters as may be prescribed by the rules to stay execution of an award registered under section 4 above in cases where enforcement of the award has been stayed pursuant to Article 4 of Annex II to the Convention.
Marginal Citations
(1)The Lord Chancellor may by order made by statutory instrument direct that any of the provisions of section 12 of the M3Arbitration Act 1950 (attendance of witnesses, production of documents etc.) shall apply, with such modifications or exceptions as are specified in the order, to such arbitration proceedings pursuant to Annex II to the Convention as are specified in the order.
(2)Subject to subsection (1) above, no provision of the said Act of 1950 other than section 4 (stay of proceedings where there is a submission to arbitration) shall apply to any such proceedings as are mentioned in subsection (1) above.
Marginal Citations
In the application of this Act to Scotland—
(a)for any reference in section 4 to the High Court there shall be substituted a reference to the Court of Session;
(b)registration under that section shall be effected by registering in the Books of Council and Session, or in such manner as the Court of Session may by Act of Sederunt prescribe;
(c)for the reference in that section to costs there shall be substituted a reference to expenses;
(d)for the reference in that section to the entering of a judgment there shall be substituted a reference to the signing of the interlocutor embodying the judgment;
(e)the Court of Session shall have power by Act of Sederunt to make rules for the purposes specified in section 5;
(f)for the references in that section and Article 4 of Annex II to the Convention to the staying of proceedings and execution or enforcement of an award there shall be substituted references to the sist of such proceedings, execution or enforcement; and
(g)for section 6 above there shall be substituted the following section—
The Lord Advocate may by order made by statutory instrument make provision, in relation to such arbitration proceedings pursuant to Annex II to the Convention as are specified in the order, being proceedings taking place in Scotland, for the attendance of witnesses, the taking of evidence and the production of documents.”
(1)Sections 5 and 6 above shall apply to Northern Ireland with the following modifications.
(2)In section 5 for the reference to section 84 of the M4Supreme Court Act 1981 there shall be substituted a reference to section 55 of the M5Judicature (Northern Ireland) Act 1978.
(3)In section 6—
(a)for the reference in subsection (1) to section 12 of the M6Arbitration Act 1950 there shall be substituted a reference to any corresponding enactments forming part of the law of Northern Ireland;
(b)for the references in subsection (2) to the said Act of 1950 and section 4 of that Act there shall be substituted references to the M7Arbitration Act (Northern Ireland) 1937 and section 4 of that Act.
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