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
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