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S.L. 387.1 · Arbitration Rules (S.L. 387.1)

S.L. 387.1 Art. 57Determination by Chairman.

In KraftAmtlicher Text

(1) On receipt of the response to the application for registration of a foreign award or on the lapse of the period for filing a response, the Registrar shall refer the application and the response to the Chairman of the Centre for determination.

(2) The Chairman of the Centre shall determine the issue on the basis of the documents presented but may at his discretion order a hearing of the parties and their representatives if he considers that the arguments merit further discussion or evidence.

(3) If the application is made in accordance with these rules and the respondent is properly notified directly or through a curator recognition of a foreign award may only be refused if the ad litem, respondent proves the operation of any of the grounds stated in Article V of Part III of the Second Schedule to the Act.

(4) The Chairman of the Centre shall have the powers stated in Articles 2 and 3 of Part II of the Second Schedule to the Act and those stated in Article VI of Part III of the Second Schedule to the Act.

(5) There shall lie an appeal against the decision of the Chairman of the Centre to the Court of Appeal as constituted in accordance with article 41(1) of the Code of Organization and Civil Procedure. An appeal shall be filed within twenty (20) days from the date from which the decision of the Chairman of the Centre is communicated to the parties and Title I of Part I of the Code of Organization and Civil Procedure shall apply to the application for appeal. mutatis mutandis

(6) The refusal of an application to register a foreign award shall not be an obstacle to the filing of another application by the same applicant against the same respondent at a later date.

Part IX TRANSFER OF PROCEEDINGS FROM COURT OR OTHER TRIBUNALS

Änderungsgeschichte
  • Amended by L.N. 406 of 2020