BELIZE
ARBITRATION ACT CHAPTER 125
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 -1990.
This edition contains a consolidation of the following laws-Page
ARRANGEMENT OF SECTIONS 3
ARBITRATION ACT 5
Amendments in force as at 31st December, 2000.
BELIZE
ARBITRATION ACT CHAPTER 125
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 -1990.
This edition contains a consolidation of the following laws-Page
ARRANGEMENT OF SECTIONS 3
ARBITRATION ACT 5
Amendments in force as at 31st December, 2000.
CHAPTER 125
ARBITRATION ARRANGEMENT OF SECTIONS PART I
Preliminary
1. Short title. PART II
Arbitration (Local Awards)
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13. Enforcing award.
General
PART III
Arbitration (Protocol and Foreign Awards)
24. Definition. PART IV Arbitration (New York Convention on Recognition and Enforcement of Foreign Arbitral Awards 1973)
25. Interpretation in Part IV.
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FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE
Ch. 13, R.L., 1958.
CHAPTER 125
CAP. 69,
ARBITRATION
R.E. 1980-1990.
21 of 1980. [PART I, 22nd September, 1926] Commencement.
[PART II, 23rd April, 1932]
PART I
Preliminary
Short title.
1. This Act may be cited as the Arbitration Act.
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PART II | |
Arbitration (Local Awards) | |
Interpretation in | 2. In this Part, unless the context otherwise requires- |
Part II. | |
“court” means the Supreme Court of Belize or a judge thereof sitting in | |
court or in chambers; | |
“rules of court” means the rules of the Supreme Court for the time being in | |
CAP. 91. | force under the Supreme Court of Judicature Act; |
“submission” means a written agreement to submit present or future | |
differences to arbitration, whether an arbitrator is named therein or not. | |
Submission to be | 3. A submission, unless a contrary intention is expressed therein, shall be |
irrevocable and to | irrevocable, except by leave of the court, and shall have the same effect in all |
have effect as an | respects as if it had been made an order of the court. |
order of court. | |
Provisions implied | 4. A submission, unless a contrary intention is expressed therein, shall be |
in submissions. | deemed to include the provisions set forth in the First Schedule to this Act so |
First Schedule. | far as they are applicable to the reference under the submission. |
Power to stay | 5. If any party to a submission, or any person claiming through or under |
proceedings where | him, commences any legal proceedings in the court against another party to |
there is a | the submission, or any person claiming through or under him, in respect of any |
submission. | matter agreed to be referred, any party to such legal proceedings may at any |
time after appearance, and before delivering any pleading or taking any other | |
steps in the proceedings, apply to the court to stay the proceedings, and the | |
court if satisfied that there is not sufficient reason why the matter should not be | |
referred in accordance with the submission, and that the applicant was, at the | |
time when the proceedings were commenced, and still remains, ready and | |
willing to do all things necessary to the proper conduct of the arbitration, may | |
make an order staying the proceedings. | |
Power of the court | 6.-(1) In any of the following cases- |
in certain cases to | |
appoint an | (a) where a submission provides that the reference be to a single |
arbitrator, umpire | arbitrator, and all the parties do not after differences have arisen |
or third arbitrator. | concur in the appointment of an arbitrator; |
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any party may serve the other parties or the arbitrators, as the case may be, with a written notice to appoint an arbitrator, umpire or third arbitrator.
(2) If the appointment is not made within seven clear days after the service of the notice, the court or a judge may, on application by the party who gave the notice, appoint an arbitrator, umpire or third arbitrator, who shall have the like powers to act in the reference and make an award as if he had been appointed by consent of all parties.
7. Where a submission provides that the reference shall be to two Power of parties arbitrators, one to be appointed by each party, then, unless the submission in certain cases expresses a contrary intention-to supply
vacancy.
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Powers of arbitrator.
Witnesses may be
summoned by
subpoena.
Power to enlarge
time for making
award.
Power to remit
award.
Power to set aside
award.
Provided that the court may set aside any appointment made in pursuance of this section.
8. The arbitrators or umpire acting under a submission shall, unless the submission expresses a contrary intention, have power
11-(1) In all cases of reference to arbitration the court may from time to time remit the matters referred, or any of them, for the re-consideration of the arbitrators or umpire.
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13. An award on a submission may, by leave of the court, be enforced in | Enforcing award. |
the same manner as a judgment or order to the same effect. | |
General | |
14. Any arbitrator or umpire may at any stage of the proceedings under a | Statement of |
reference, and shall, if so directed by the court, state in the form of a special | case pending |
case for the opinion of the court any question of law arising in the course of the | arbitration. |
reference. | |
15. Any order made under this Part of this Act may be made on such terms | Costs. |
as to costs, or otherwise, as the authority making the order thinks just. | |
16. This Part of this Act shall, except as in this Part of this Act expressly | Crown to be |
mentioned, apply to any arbitration to which the Crown is a party, but nothing in | bound. |
this Part of this Act shall affect the law as to costs payable by the Crown. | |
PART III | |
Arbitration (Protocol and Foreign Awards) | |
17. Notwithstanding anything contained in Part I of this Act, if any party to | Staying of court |
a submission made in pursuance of an agreement to which the Protocol set out | proceedings in |
in the Second Schedule to this Act applies, or any person claiming through or | respect of |
under him, commences any legal proceedings in any court against any other | matters to be |
party to the submission, or any person claiming through or under him, in respect | referred to |
of any matter agreed to be referred, any party to such legal proceedings may at | arbitration. |
any time after appearance, and before delivering any pleadings or taking other | Second |
steps in the proceedings, apply to that court to stay the proceedings, and that | Schedule. |
court, or a judge thereof, unless satisfied that the agreement or arbitration has | |
become inoperative or cannot proceed or that there is not in fact any dispute | |
between the parties with regard to the matter agreed to be referred, shall make | |
an order staying the proceedings. | |
18. Sections 19 to 23 inclusive of this Act apply to any award made after | Application of |
28th July, 1924 | sections 19 to 23 |
inclusive. | |
(a) in pursuance of an agreement for arbitration to which the | |
Protocol set out in the Second Schedule to this Act applies; | Second |
Schedule. |
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(b) between persons of whom one is subject to the jurisdiction of some one of such Powers as the Attorney-General, being satisfied that reciprocal provisions have been made, may by Order declare to be parties to the Convention set out in the
Third Schedule.
Third Schedule to this Act, and of whom the other is subject to the jurisdiction of some other of the Powers aforesaid; and
(c) in one of such countries as the Attorney-General, being satisfied that reciprocal provisions have been made, may by Order declare to be countries to which the said Convention applies,
and an award to which the said sections apply is therein referred to as “a foreign award”.
Effect of foreign 19.-(1) A foreign award shall, subject to the provisions of the said sections, be awards. enforceable in Belize either by action or under the provisions of section 13 of this Act.
(2) Any foreign award which would be enforceable under the said sections shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set-off or otherwise in any legal proceedings in Belize, and any references in the said sections to enforcing a foreign award shall be construed as including references to relying on an award.
Conditions for 20.-(1) In order that a foreign award may be enforceable under the said sections
enforcement of | it must have- | |
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foreign awards. | ||
(a) | been made in pursuance of an agreement for arbitration which | |
was valid under the law by which it was governed; |
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(d) | become final in the country in which it was made; |
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(e) | been in respect of a matter which may lawfully be referred to |
arbitration under the law of Belize, |
and the enforcement thereof must not be contrary to public policy or the law of Belize.
(2) Subject to the provisions of this subsection, a foreign award shall not be enforceable under the said sections if the court dealing with the case is satisfied that
Provided that, if the award does not deal with all the questions referred, the court may, if it thinks fit, either postpone the enforcement of the award or order its enforcement subject to the giving of such security by the person seeking to enforce it as the court may think fit.
(3) If a party seeking to resist the enforcement of a foreign award proves that there is any ground other than the non-existence of the conditions specified in paragraphs (a), (b) and (c) of subsection (1) of this section, or the existence of the conditions specified in paragraphs (b) and (c) of subsection (2) of this section, entitling him to contest the validity of the award, the court may, if it thinks fit, either refuse to enforce the award or adjourn the hearing until after the expiration of such period as appears to the court to be reasonably sufficient to enable that party to take the necessary steps to have the award annulled by the competent tribunal.
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Evidence. | 21.-(1) The party seeking to enforce a foreign award must produce |
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(a) the original award or a copy thereof duly authenticated in the manner required by the law of the country in which it was made;and | |
(b) evidence proving that the award has become final; and | |
(c) such evidence as may be necessary to prove that the award is a foreign award and that the conditions mentioned in section 20 (1), (a), (b) and (c) are satisfied. | |
(2) In any case where any document required to be produced under subsection (1) of this section is in a foreign language, it shall be the duty of the party seeking to enforce the award to produce a translation certified as correct by a diplomatic or consular agent of the country to which that party belongs, or certified as correct in such other manner as may be sufficient according to the law of Belize | |
CAP. 91. | (3) Subject to the provisions of this section, rules of court may be made under section 95 of the Supreme Court of Judicature Act, with respect to the evidence which must be furnished by a party seeking to enforce an award under the said sections. |
Meaning of “final award.” | 22. For the purposes of the said sections, an award shall not be deemed final if any proceedings for the purpose of contesting the validity of the award are pending in the country in which it was made. |
Saving. | 23. Nothing in the said sections shall |
(a) prejudice any rights which any person would have had of enforcing in Belize any award or of availing himself in Belize of any award if the said sections had not been enacted; or | |
(b) apply to any award made on an arbitration agreement governed by the law of Belize. | |
Definition. | 24. The expression “said sections” in this Part of this Act means sections 19 to 23 inclusive of this Act. |
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PART IV
Arbitration (New York Convention on Recognition and Enforcement of Foreign Arbitral Awards 1973)
25.-(1) In this Part of this Act
“arbitration agreement” means an agreement in writing (including an agreement contained in an exchange of letters or telegrams) to submit to arbitration present or future differences capable of settlement by arbitration;
“Convention award” means an award made in pursuance of an arbitration agreement in the territory of a country, other than Belize, which is a party to the New York Convention; and “the New York Convention” means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations Conference on International Commercial Arbitration on 10th June 1958, and set out in the Fourth Schedule hereto.
21 of 1980.
Interpretation in Part IV
Fourth Schedule.
Staying court
proceedings
where party
proves
arbitration
agreement.
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Replacement of former provisions.
Method of enforcement.
Documents necessary.
(3) In this section “domestic arbitration agreement” means an arbitration agreement which does not provide, expressly or by implication, for arbitration in a state other than Belize and to which neither
is a party at the time the proceedings are commenced.
27.-(1) Sections 28 to 31 of this Act shall have effect with respect to the enforcement of Convention awards; and where a Convention award would, but for this section, be also a foreign award within the meaning of Part III of this Act, that Part shall not apply to it.
28.-(1) A Convention award shall be enforceable either by action or in the same manner as an award by an arbitrator is enforceable by virtue of section
13.
(2) Any Convention award which would be enforceable under this Act shall be treated as binding for all purposes on the persons as between whom it is made, and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in Belize and any reference in this Act to enforcing a Convention award shall be construed as including references to relying on such an award.
29. The party seeking to enforce a Convention award must produce
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(c) where the award or agreement is in a foreign language, a translation of it certified by an official or sworn translator or by a diplomatic or consular agent.
30.-(1) Enforcement of a Convention award shall not be refused except in Refusal of the cases mentioned in this section. enforcement.
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Savings.
31. Nothing in this Part of the Act shall prejudice any right to enforce or rely on an award otherwise than under this Part or Part III of this Act.
FIRST SCHEDULE
[Section 4]
Provisions to be implied in Submissions
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SECOND SCHEDULE
[Sections 17 and 18]
Protocol on Arbitration Clauses
The undersigned, being duly authorised, declare that they accept, on behalf of the countries which they represent, the following provisions:
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including an arbitration agreement whether referring to present or future differences which is valid by virtue of the said Article and capable of being carried into effect, shall refer the parties on the application of either of them to the decision of the arbitrators.
Such reference shall not prejudice the competence of the judicial tribunals in case the agreement or the arbitration cannot proceed or becomes inoperative.
The said States may subsequently adhere separately on behalf of any territory thus excluded. The Secretary-General of the United Nations shall be informed as soon as possible of such adhesions. He shall notify such adhesions to all signatory States. They will take effect one month after the notification by the Secretary-General to all signatory States.
*References to “Secretary-General of the United Nations” were previously references to the “Secretary-General of the League of Nations” in the original Protocol, and were changed to reflect the succession made by the United Nations to the League of Nations.
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The Contracting States may also denounce the Protocol separately on behalf of any of the territories referred to above. Article 7 applies to such denunciation.
THIRD SCHEDULE
[Section 18]
Convention on the Execution of Foreign Arbitral Awards
Article 1
In the territories of any High Contracting Party to which the present Convention applies, an arbitral award made in pursuance of an agreement, whether relating to existing or future differences (hereinafter called “a submission to arbitration”) covered by the Protocol on Arbitration Clauses, opened at Geneva on September twenty-fourth, nineteen hundred and twenty-three, shall be so recognised as binding and shall be enforced in accordance with the rules of the procedure of the territory where the award is relied upon, provided that the said award has been made in a territory of one of the High Contracting Parties to which the present Convention applies and between persons who are subject to the jurisdiction of one of the High Contracting Parties.
To obtain such recognition or enforcement, it shall, further, be necessary
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the countries where such forms of procedure exist) or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending;
(e) that the recognition or enforcement of the award is not contrary to public policy or to the principles of the law of the country in which it is sought to be relied upon.
Article 2
Even if the conditions laid down in Article I hereof are fulfilled, recognition and enforcement of the award shall be refused if the Court is satisfied
If the award has not covered all the questions submitted to the arbitral tribunal, the competent authority of the country where recognition or enforcement of the award is sought can, if it think fit, postpone such recognition or enforcement or grant it subject to such guarantee as that authority may decide.
Article 3
If the party against whom the award has been made proves that, under the law governing the arbitration procedure, there is a ground, other than the grounds referred to in Article 1 (a) and (c), and Article 2 (b) and (c), entitling him to contest the validity of the award in a Court of Law, the Court may, if it thinks fit, either refuse recognition or enforcement of the award or adjourn the consideration thereof, giving such party a reasonable time within which to have the award annulled by the competent tribunal.
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Article 4
The party relying upon an award or claiming its enforcement must supply, in particular
Atranslation of the award and of the other documents mentioned in this Article into the official language of the country where the award is sought to be relied upon may be demanded. Such translation must be certified correct by a diplomatic or consular agent of the country to which the party who seeks to rely upon the award belongs or by a sworn translator of the country where the award is sought to be relied upon.
Article 5
The provisions of the above Articles shall not deprive any interested party of the right of availing 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.
Article 6
The present Convention applies only to arbitral awards made after the cominginto-force of the Protocol on Arbitration Clauses, opened at Geneva on September 24th, 1923.
Article 7
The present Convention, which will remain open to the signature of all the signatories of the Protocol of 1923 on Arbitration Clauses, shall be ratified.
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It may be ratified only on behalf of those Members of the United Nations and non-Member States on whose behalf the Protocol of 1923 shall have been ratified.
Ratifications shall be deposited as soon as possible with the Secretary-General of the United Nations, who will notify such deposit to all the signatories.
Article 8
The present Convention shall come into force three months after it shall have been ratified on behalf of two High Contracting Parties. Thereafter, it shall take effect, in the case of each High Contracting Party, three months after the deposit of the ratification on its behalf with the Secretary-General of the United Nations.
Article 9
The present Convention may be denounced on behalf of any Member of the United Nations or non-Member State. Denunciation shall be notified in writing to the Secretary-General of the United Nations, who will immediately send a copy thereof, certified to be in conformity with the notification, to all the other Contracting Parties, at the same time informing them of the date on which he received it.
The denunciation shall come into force only in respect of the High Contracting Party which shall have notified it and one year after such notification shall have reached the Secretary-General of the United Nations.
The denunciation of the Protocol on Arbitration Clauses shall entail, ipso facto, the denunciation of the present Convention.
Article 10
The present Convention does not apply to the Colonies, Protectorates or territories under suzerainty or mandate of any High Contracting Party unless they are specially mentioned.
The application of this Convention to one or more of such Colonies, Protectorates or territories to which the Protocol on Arbitration Clauses, opened at Geneva on September 24th, 1923, applies, can be effected at any time by
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21 of 1980.
means of a declaration addressed to the Secretary-General of the United Nations by one of the High Contracting Parties.
Such declaration shall take effect three months after the deposit thereof.
The High Contracting Parties can at any time denounce the Convention for all or any of the Colonies, Protectorates or territories referred to above.
Article 9 hereof applies to such denunciation.
Article 11
A certified copy of the present Convention shall be transmitted by the Secretary-General of the United Nations to every Member of the United Nations and to every non-Member State which signs the same.
FOURTH SCHEDULE
[Section 25 (1)]
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Article 1
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bodies to which the parties have submitted.
3. When signing, ratifying or acceding to this Convention, or notifying extension under Article X hereof, any State may on the basis of reciprocity declare that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State. It may also declare that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State making such declaration.
Article 2
Article 3
Each Contracting State shall recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the awards are 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.
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Article 4
1. To obtain the recognition and enforcement mentioned in the preceding article, the party applying for recognition and enforcement shall, at the time of the application, supply:
2. If the said award or agreement is not made in an official 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 official or sworn translator or by a diplomatic or consular agent.
Article 5
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:
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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
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:
Article 6
If an application for the setting aside or suspension of the award has been made to a competent authority referred to in Article 5 (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 party claiming enforcement of the award, order the other party to give suitable security.
Article 7
1. The provisions of the present Convention shall not affect the validity of multilateral or bilateral agreements concerning the recognition and enforcement 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
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the manner and to the extent allowed by the law or the treaties of the country where such awards are 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 effect between Contracting States on their becoming bound to the extent that they become bound, by this Convention.
Article 8
Article 9
Article10
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3. With respect to those territories to which this Convention is not extended at the time of signature, ratification or accession, each State concerned shall consider the possibility of taking the necessary steps in order to extend the application of this Convention to such territories, subject, where necessary for constitutional reasons, to the consent of the Governments of such territories.
Article 11
In the case of a federal or non-unitary State, the following provisions shall apply:
Article 12
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ratification or accession.
Article 13
Article 14
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 15
The Secretary-General of the United Nations shall notify the States contemplated in Article 8 of the following:
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(e) denunciations and notifications in accordance with Article
XIII.
Article 16
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