Law library · Sierra Leone · The Arbitration Act, 2022
Section 42, The Arbitration Act, 2022
Status not yet checkedThe Arbitration Act, 2022, Sierra Leone
(1) An arbitral tribunal shall - (a) act fairly and impartially as between the
parties, giving each party a reasonable
opportunity of putting his case and dealing
with that of his opponent; and
(b) adopt procedures suitable to the
circumstances of a particular case, avoiding
unnecessary delay or expense, so as to
provide a fair means for the resolution of the
matters.
(2) An arbitral tribunal shall comply with the general duty
in subsection (1) in conducting the arbitral proceedings, in its decisions
on matters of procedure and evidence and in the exercise of all other
powers conferred on it.
General duty
of arbitral
that, in the circumstances, the measure or the order should not have
been granted and the arbitral tribunal may award such costs and
damages at any point during the arbitral proceedings.
39. (1) Subject to section 41, an interim measure issued by
an arbitral tribunal shall be recognised as binding and unless
otherwise provided by the arbitral tribunal, enforced upon
application to the Court, irrespective of the country in which it was
issued,.
(2) A party who is seeking or has obtained recognition or
enforcement of an interim measure shall promptly inform the Court of
a termination, suspension or modification of that interim measure.
(3) The Court of the State where recognition or
enforcement is sought may, if it considers proper, order the
requesting party to provide appropriate security if the arbitral tribunal
has not already made a determination with respect to security or
where such a decision is necessary to protect the rights of third
parties.
40. (1) Recognition or enforcement of an interim
measure may be refused only -
(a) at the request of the party against whom it is
invoked if the Court is satisfied that -
(i) such refusal iswarranted on thegrounds
set out in subparagraphs (i), (ii) (iii) and
(iv) of paragraph (a) of subsection (2)
of section 63;
(ii) the arbitral tribunal's decision with
respect to the provision of security in
connection with the interim measure
issued by the arbitral tribunal has not
been complied with; or
(iii) the interim measure has been terminated
or suspended by the arbitral tribunal,
or, where so empowered, by the Court
of the State in which the arbitration takes
place or under the law of which that
interim measure was granted; or
(b) where the Court finds that -
(i) the interim measure is incompatible with
the powers conferred upon the Court
unless the court decides to reformulate
the interim measure to the extent
necessary to adapt it to its own powers
and procedures for the purposes of
enforcing that interim measure and
without modifying its substance; or
(ii) any of the grounds set out in
subparagraph (i) or (ii) of paragraph (b)
of subsection (2) of section 63 apply to
the recognition and enforcement of the
interim measure.
(2) A determination made by the Court on any ground in
subsection (1) shall be effective only for the purposes of the
application to recognise and enforce the interim measure and the
Court where recognition or enforcement is sought shall not, in making
that determination, undertake a review of the substance of the interim
41. (1) The Court shall -
(a) have the same power of issuing an interim
measure in relation to arbitration proceedings,
as it has in relation to proceedings in Court;
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Grounds for
refusing
recognition
of interim
of interim
Court
interim
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