MiLAWYER

Law library · Sierra Leone · The Arbitration Act, 2022

Section 67, The Arbitration Act, 2022

Status not yet checkedThe Arbitration Act, 2022, Sierra Leone

(1) The New York Convention shall, subject to this Act,have the force of law in Sierra Leone. (2) Without prejudice to sections 65 and 68, where the recognition and enforcement of an award made in an arbitration in a country other than Sierra Leone is sought, the New York Convention on the Recognition and Enforcement of Foreign Awards set out in the Second Schedule shall apply: Provided that - (a) the country is a party to the New York Convention; (b) the differences arise out of a legal relationship,whether contractual or not, considered commercial under the laws of Sierra Leone; and of New York Convention on the Enforcement of Foreign Arbitral Awards. PART XII - RECOGNITION AND ENFORCEMENT OF AWARDS 65. (1) An arbitral award shall, irrespective of the country or State in which it is made, be recognised as binding and upon application in writing to the Court, be enforced by the Court subject to this section and section 66. (2) The party relying on an award or applying for its enforcement shall supply - (a) the original award or a certified copy thereof; (b) the original arbitration agreement or a certified copy thereof; and (c) a certified translation thereof into the English language, where the award or arbitration agreement is not made in the English. (3) An award may, by leave of the Court, be enforced in the same manner as a judgment or order to the same effect. 66. (1) A party to an arbitration agreement may request the Court to refuse recognition or enforcement of an award. (2) Irrespective of the country in which the award was made, the Court may only refuse recognition or enforcement of an award at the request of the party against whom it is invoked, if that party furnishes the Court with proof that - (a) a party to the arbitration agreement was under some incapacity; (b) the arbitration agreement is not valid under the law to which the parties have indicated should be applied, or, failing such indication, that the arbitration agreement is not valid under the law of the country where the award was made; (c) the party against whom the award was invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise not able to present his case; (d) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration; (e) the award contains decisions on matters which are beyond the scope of the submission to arbitration, so however that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters submitted to arbitration may be recognised and enforced; (f) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties; (g) the composition of the arbitral tribunal, or the arbitral procedure was not in accordance with the law of the country where the arbitration took place or that there is no agreement between the parties; (h) the award has not yet become binding on the parties or has been set aside or suspended by a Court of the country in which, or under the law of which, the award was made; 50 51 of awards. Refusal of recognition or of awards. (c) the differences arise out of arbitration agreements concluded and arbitral awards rendered after the date of Sierra Leone's accession to the New York Convention. (3) The Rules of Court Committee may make rules necessary to give effect to the section and in the absence of such rules, the rules in Schedule 3 shall apply. PART XIII - ENFORCEMENT OF ICSID CONVENTION AWARDS

Read the whole lawDownload PDFAsk Tima what this means

Check the current official version before relying on this text. MiLAWYER shares legal information, not legal advice.