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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; 30 31 Grounds for refusing recognition of interim of interim Court interim

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