(Foreign Arbitral Awards)
CHAPTER llOA
ARBITRATI01 (FOREIGN ARBITRAL AWARDS)
ARRANGEMENT OF SECTIONS
SECTION
Citation
1. Short title.
Interpretation
2. Definitions. New York Convention
SCHEDULE.
lHE LAWS OF BARBADOS Printed by the Government Prlntl"l Department, Bay Stre.t, St. Mlch.el. by the authority of the Government of Barbados
.·1 rbitratioll
3 L.R.O.1985 CAP. llOA ss.I-2
(Foreign Arbitral All)arcisj
CHAPTER llOA
ARBITRATION (FOREIGN ARBITRAL AWARDS)
AnAct to give effect in Barbados to the New York Convention on 1980-19. the recognition and enforcement of Foreign Arbitral Awards.
ment.
S.L 1980/ Citation 168.
1. This Act may be cited as the Arbitration (Foreign Arbitral Short title. Awards)Act.
Interpretation
Definitions.
2. (1) In this Act,
national Commercial Arbitration on 10th June, 1958 and set out in the Schedule; Schedule.
(d) "state that is party to the New York Convention", in the case of a federal state whose constituent political sub divisions have legislative jurisdiction with respect to commercial arbitrations, includes a constituent political subdivision thereof that has given effect to the Conven tion by legislative or other action.
THE LAWS Of BARBADOS
Printed by the Government Printing Department, Bay Street, St. Michael. by the authority of the Government of Barbados
(2) For the purposes of paragraph (1) (a), the expression "agreement in writing" includes an agreement contained in.an exchange of letters, telegrams or telex messages.
New York Convention
Proving 3. A certificate purporting to be issued under the hand of adherence
the Minister responsible for External Affairs to the effect that a
to Conven
state specified in the certiticate is a party to the New York
tion.
Convention is conclusive proof in any proceedings that the state is a party to the convention on the date of the certificate.
Effect of 4. (1) SUbject to this Act, a convention award is enforceable in awards.
Barbados either by action or in the same manner as the award of Cap. 110. an arbitrator is enforceable by section 29 of the Arbitration Act.
Evidence s. The party seeking to enforce a convention award must to enforce
produce
award.
Refusal to
6. (1) Enforcement of a convention award may not be refused
enforce.
except in the circumstances set out in this section.
Arbitration
(Foreign Arbitral Awards)
ment of the parties or, failing that, .with the law of the state where the arbitration took place; or
be separated from those on matters not so submitted.
7. (1) When an application for the setting aside or suspension Power to adjourn
of a convention award has been made to a competent authority of
proceed
the state in which, or under the law of which, the award was
ings.
made, the court before which enforcement of the award is sought may, if it thinks fit , adjourn the proceedings.
TIlE LAWS Of BARBADOS
Printed by th. Government Prlntllll Department. Bay Str.et. St. Mlchael,
by the authority of the Government of Barbados
,>.K CAP. 110A L. R. O.1985
hJ/ci,\;II. IriJitr,i/ . t u ' cm !.,)
Saving. Cap. 110.
8. Not hing in this Act affects any right to enforce or rely on an award made under the Arbitration Act or otherwise.
SCHEDULE
CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS
Adopted hy the Ullited Nllliolls COII/i>reIlCI' ollllltf'rllatiollal
CO/llm ercial Arhitratioll. JUII!' 10.1958
ARTlCLE
Arbitratiol1
7 L.R.O.1985 CAP. IlOA Sch.
(f'oreiJ.!H A rbitral Awards)
ARTICLE 1I
1. Each Contracting State shall recognise an agreement in writing under which the parties undertake to submit to arbitration all or
any differences which have arisen or which may arise between them in respect of a detined legal relationship, whether contractual or not. concerning a subject matter capable of settlement by arbitration.
ARTICLE III
Each Contracting State shall recognise arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon, under the conditions laid down in the following articles. There shall not be imposed substantially more onerous conditions or higher fees or charges on the recognition or enforcement of arbitral awards to which this Convention applies than are imposed on the recognition or enforcement of domestic arbitral awards.
ARTICLE IV
1. To obtain the recognition and enforcement mentioned in the pre
ceding article, the party applying for recognition and enforcement shall, at
the time of the application, supply:
(u) the duly authenticated original award or a dl'y certified copy thereof;
(b) the original agreement referred to in Article II or a duly certified copy thereof.
2. If the said award or agreement is not made in an otlicial language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language. The translation shall be certified by an otlicial or sworn translator or by a diplomatic or consular agent.
mE LAWS Of BARBADOS Printed by the Government Printing Deportment, Bay Street, St. Michael, by the authority of the Government of Barbado,
(Foreign Arbitral Awards)
ARTICLE V
1. Recognition and enforcement of the award may be refused. at the request of the party against whom it is invoked, only if that party furnishes to the competent authority where the recognition and enforcement is sought. proof that:
2. Recognition and enforcement of an arbitral award may also be refused if
the competent authority in the country where recognition and enforcement is sought finds that: -"
CAP.110A Sch.
q L. R.O. 19H5
h>rcigll .hiJitr<li AlI'drcls)
A RT1CLE VI
Ifan application for the setting aside or suspension of the award has been made to a competent authority referred to in ArticleV(1) (e). the authority before which the award is sought to be relied upon may. if it considers it proper. adjourn the decision on the enforcement of the award and may also. on the application of the j.Jarty claiming enforcement of the award. order the other party to give suitable security.
ARTICLE VII
I. The provisions of the present Convention shall not affect the validitv of
' multilateral or bilateral agreements concerning the recognition and enfo rcement of arbitral awards entered into by the Contracting States nor deprive any interested party of any right he may have to avail 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.
2. The Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927 shall cease to have etfect between Contracting States on their becoming bound and to the extent that they become bound. by this Convention.
A RTlCLE VJII
I. This Convention shall be open until 31 December Ii.)5H for signature on behalf of any Member of the United Nations and also on behalf of any other state which is or hereafter becomes a member of any specialized agency of the United Nations, or which is or hereafter becomes a party to the Statute of the International Court of Justice. or any other state to which an invitation has been addressed by the General Assembly of the United Nations.
2. This Convention shall be ratitied and the instrument of ratiticat ion shall be deposited with the Secretary-General of the United Nations.
ARTICLE IX
TIlE LAWS Of BARBADOS
Printed by the Government Prtntinl Department, Bay Street, SI. Michael, by the luthority of the Goyernment of Barbados
ARTICLE X
ARTICLE XI
In the case of a federal or non-unitary state, the following provisions shall apply:
ARTICLE XII
1. This Convention shall come into force on the ninetieth day following the date of deposit of the third instrument of ratification or accession.
Arbitr(7tioll
11 L.R.O.1985 CAP. 110A Sch.
(Foreign Arbitral Awards)
2. For each state ratifying or acceding to this Convention after the deposit of the third instrument of ratification or accession. this Convention shall enter into force on the ninetieth day after deposit by such state of its instrument of ratification or accession.
ARTICLE XIII
ARTICLE XIV
A Contracting State shall not be entitled to avail itself of the present Convention against other Contracting States except to the extent that it is itself bound to apply the Convention.
ARTICLE XV
The Secretary-General of the United Nations shall notify the states contemplated in Article VIII of the fol1owing:
THE LAWS OF BARBADOS Printed by the Government PrlnUIIi Department, Bay Street, St. Mlchael, by the authority of the Government of Barbados
ARTICLE XVI
I. Thi\ Comention. of which the Chinese. English. French. Russian and Spanish texts shall be equally authentic. shall be deposited in the archives of the United Nations.
I Here follow the annexes and signatures on behalf of the Governments of Antigua. Australia. Austria. Belgium. Benin. Botswana. Bulgaria. Byelorussian SSR. Central African Empire. Chile. Costa Rica. Cuba. Czechoslovakia. Democratic' Kampuchea. Denmark. Ecuador. Egypt. El Sahador. Finland. France. German Democratic Republic. Germany. Federal Republic of. Ghana. Greece. Holy See. Hungary. India. Israel. Italy. Japan. Jordan. Kuwait. Luxembourg. Madagascar. Mexico. Monaco. Morocco.
*
Netherlands. Niger. Nigeria. Norway. Pakistan. Phillipines. Poland .
Republic of Korea. Romania. San Marino. South Africa. Spain. Sri Lanka. *
Sweden. Switzerland. Syrian Arab Republic . Thailand. Trinidad and *
Tobago. Tunisia . Ukrainian SSR. Union of Soviet Socialist Republics. United Kingdom. United Republic of Tanzania. United States of America. )
*An asterisk beside the name of a country indicates that that country signed the convention with one or more reservations.