MT
First Schedule — ARBITRATION ACT
First Schedule · ARBITRATION ACT
Amended by
XVIII. 1999.30.
UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW
MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION *
(ADOPTED, JUNE 21, 1985)
UNCITRAL Model Law on International Commercial Arbitration
(as adopted by the United Nations Commission on International Trade Law on
21 June 1985)
CHAPTER I. GENERAL PROVISIONS
Scope of application †
Article 1.
(1) This law applies to international commercial ‡ arbitration, subject to any
agreement in force between this State and any other State or States.
(2) The provisions of this law, except articles 8, 9, 35 and 36, apply only if the
place of arbitration is in the territory of this State.
(3)
An arbitration is international if
(a) the parties to an arbitration agreement have, at the time of the
conclusion of that agreement, their places of business in different
States; or
(b) one of the following places is situated outside the State in which the
parties have their places of business
(i) the place of arbitration if determined in, or pursuant to, the
arbitration agreement;
(ii) any place where a substantial part of the obligations of the
commercial relationship is to be performed or the place with
which the subject-matter of the dispute is most closely connected;
or
(c) the parties have expressly agreed that the subject-matter of the
arbitration agreement relates to more than one country.
(4)
For the purposes of paragraph (3);
(a) if a party has more than one place of business, the place of business is
that which has the closest relationship to the arbitration agreement;
(b) if a party does not have a place of business, reference is to be made to
his habitual residence.
*Reproduced from the Report from the United Nations Commission on International Trade Law on the work
of the eighteenth session (June 3-21, 1985), U.N. General Assembly Official Records Fortieth Session,
Supplement No. 17 (A/4O/17), Annex I, pp. 81-93.
†Article Headings are for the reference purposes only and are not to be used for purposes of interpretation.
‡ The term "commercial" should be given a wide interpretation so as to cover matters arising from all
relationships of a commercial nature, whether contractual or not. Relationships of a commercial nature
include, but are not limited to, the following transactions: any trade transaction for the supply or exchange of
goods or services; distribution agreement; commercial representation or agency; factoring; leasing;
construction of works; consulting; engineering; licensing; investments; financing; banking; insurance;
exploitation agreement or concession; joint venture and other forms of industrial or business co-operation;
carriage of goods or passengers by air, sea, rail or road.
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(5) This Law shall not effect any other law of this State by virtue of which
certain disputes may not be submitted to arbitration or may be submitted to
arbitration only according to provisions other than those of this Law.
Definition and Rules of Interpretation
For the purposes of this Law
(a) "arbitration" means any arbitration whether or not administered by a
permanent arbitral institution;
(b) "arbitral tribunal" means a sole arbitrator or a panel of arbitrators;
(c) "court" means a body or organ of the judicial system of a State;
(d) where a provision of this Law, except article 28, leaves the parties free
to determine a certain issue, such freedom includes the right of the
parties to authorise a third party, including an institution, to make that
determination;
(e) where a provision of this Law refers to the fact that the parties have
agreed or that they may agree or in any other way refers to an agreement
of the parties, such agreement includes any arbitration rules referred to
in that agreement;
(f) where a provision of this Law, other than in articles 25 (a) and 32 (2)
(a), refers to a claim, it also applies to a counter-claim, and where it
refers to a defence, it also applies to a defence to such counter-claim.
Receipt of written communications
(1)
Unless otherwise agreed by the parties
(a) any written communication is deemed to have been received if it is
delivered to the addressee personally or if it is delivered at his place of
business, habitual residence or mailing address; if none of these can be
found after making a reasonable inquiry, a written communication is
deemed to have been received if it is sent to the addressee’s last-known
place of business, habitual residence or mailing address by registered
letter or any other means which provides a record of the attempt to
deliver it;
(b) the communication is deemed to have been received on the day it is so
delivered.
(2) The provisions of this article do not apply to communications in court
proceedings.
Waiver of right to object
A party who knows that any provisions of this Law from which the parties may
derogate or any requirement under the arbitration agreement has not been complied
with and yet proceeds with the arbitration without stating his objection to such non-
compliance without undue delay or, if a time-limit is provided therefor, within such
period of time, shall be deemed to have waived his right to object.
Extent of court intervention
In matters governed by this Law, no court shall intervene except where so
provided in this Law.
Court or other authority for certain functions of arbitration
assistance and supervision
The functions referred to in articles 11(3), 11(4), 13 (3), 14, 16 (3) and 34 (2) shall
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be performed by.............[Each State enacting this model law specifies the court,
courts or, where referred to therein, other authority competent to perform these
functions.]
CHAPTER II. ARBITRATION AGREEMENT
Article 7.
Definition and form of arbitration agreement
(1) "Arbitration agreement" is an agreement by the parties to submit to
arbitration all or certain disputes which have arisen or which may arise between
them in respect of a defined legal relationship, whether contractual or not. An
arbitration agreement may be in the form of an arbitration clause in a contract or in
the form of a separate agreement.
(2) The arbitration agreement shall be in writing. An agreement is in writing if
it is contained in a document signed by the parties or in an exchange of letters, telex,
telegrams or other means of telecommunication which provide a record of the
agreement, or in an exchange of statements of claim and defence in which the
existence of an agreement is alleged by one party and not denied by another. The
reference in a contract to a document containing an arbitration clause constitutes an
arbitration agreement provided that the contract is in writing and the reference is
such as to make that clause part of the contract.
Article 8.
Arbitration agreement and substantive claim before court
(1) A court before which an action is brought in a matter which is the subject of
an arbitration agreement shall, if a party so requests not later than when submitting
his first statement on the substance of the dispute, refer the parties to arbitration
unless it finds that the agreement is null and void, inoperative or incapable of being
performed.
(2) Where an action referred to in paragraph (1) has been brought, arbitral
proceedings may nevertheless be commenced or continued and an award may be
made, while the issue is pending before the court.
Article 9.
Arbitration agreement and interim measures by court
It is not incompatible with an arbitration agreement for a party to request, before
or during arbitral proceedings, from a court an interim measure of protection and for
a court to grant such measure.
CHAPTER III. COMPOSITION OF ARBITRAL TRIBUNAL
Article 10. Number of arbitrators
(1)
The parties are free to determine the number of arbitrators.
(2)
Failing such determination, the number of arbitrators shall be three.
Article 11. Appointment of arbitrators
(1) No person shall be precluded by reason of his nationality from acting as an
arbitrator, unless otherwise agreed by the parties.
(2) The parties are free to agree on a procedure of appointing the arbitrator or
arbitrators, subject to the provisions of paragraphs (4) and (5).
(3)
Failing such agreement,
(a) in an arbitration with three arbitrators, each party shall appoint one
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arbitrator, and the two arbitrators thus appointed shall appoint the third
arbitrator; if a party fails to appoint the arbitrator within thirty days of
receipt of a request to do so from the other party, or if the two
arbitrators fail to agree on the third arbitrator within thirty days of their
appointment, the appointment shall be made, upon request of a party, by
the court or other authority specified in article 6;
(b) in an arbitration with a sole arbitrator, if the parties are unable to agree
on the arbitrator, he shall be appointed, upon request of a party, by the
court or other authority specified in article 6.
(4)
Where, under an appointment procedure agreed upon by the parties,
(a) a party fails to act as required under such procedure, or
(b) the parties, or two arbitrators, are unable to reach an agreement
expected of them under such procedure, or
(c) a third party, including an institution, fails to perform any function
entrusted to it under such procedure,
any party may request the court or other authority specified in article 6 to take the
necessary measure, unless the agreement on the appointment procedure provides
other means for securing the appointment.
(5) A decision on a matter entrusted by paragraph (3) or (4) to the court or other
authority specified in article 6 shall be subject to no appeal. The court or other
authority, in appointing an arbitrator, shall have due regard to any qualifications
required of the arbitrator by the agreement of the parties and to such considerations
as are likely to secure the appointment of an independent and impartial arbitrator
and, in the case of a sole or third arbitrator, shall take into account as well the
advisability of appointing an arbitrator of a nationality other than those of the
parties.
Article 12. Grounds for challenge
(1) When a person is approached in connection with his possible appointment as
an arbitrator, he shall disclose any circumstances likely to give rise to justifiable
doubts as to his impartiality or independence. An arbitrator, from the time of his
appointment and throughout the arbitral proceedings, shall without delay disclose
any such circumstances to the parties unless they have already been informed of
them by him.
(2) An arbitrator may be challenged only if circumstances exist that give rise to
justifiable doubts as to his impartiality or independence, or if he does not possess
qualifications agreed to by the parties. A party may challenge an arbitrator appointed
by him, or in whose appointment he has participated, only for reasons of which he
becomes aware after the appointment has been made.
Article 13. Challenge procedure
(1) The parties are free to agree on a procedure for challenging an arbitrator,
subject to the provisions of paragraph (3).
(2) Failing such agreement, a party who intends to challenge an arbitrator shall,
within fifteen days after becoming aware of the constitution of the arbitral tribunal
or after becoming aware of any circumstances referred to in article 12 (2), send a
written statement of the reasons for the challenge to the arbitral tribunal. Unless the
challenged arbitrator withdraws from his office or the other party agrees to the
challenge, the arbitral tribunal shall decide on the challenge.
(3)
If a challenge under any procedure agreed upon by the parties or under the
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procedure of paragraph (2) is not successful, the challenging party may request,
within thirty days after having received notice of the decision rejecting the
challenge, the court or other authority specified in article 6 to decide on the
challenge, which decision shall be subject to no appeal; while such a request is
pending, the arbitral tribunal, including the challenged arbitrator, may continue the
arbitral proceedings and make an award.
Article 14. Failure or impossibility to act
(1) If an arbitrator becomes de jure or de facto unable to perform his functions
or for other reasons fails to act without undue delay, his mandate terminates if he
withdraws from his office or if the parties agree on the termination. Otherwise, if a
controversy remains concerning any of these grounds, any party may request the
court or other authority specified in article 6 to decide on the termination of the
mandate, which decision shall be subject to no appeal.
(2) If, under this article or article 13 (2), an arbitrator withdraws from his office
or a party agrees to the termination of the mandate of an arbitrator, this does not
imply acceptance of the validity of any ground referred to in this article or article 12
(2).
Article 15. Appointment of substitute arbitrator
Where the mandate of an arbitrator terminates under article 13 or 14 or because of
his withdrawal from office for any other reason or because of the revocation of his
mandate by agreement of the parties or in any other case of termination of his
mandate, a substitute arbitrator shall be appointed according to the rules that were
applicable to the appointment of the arbitrator being replaced.
CHAPTER IV. JURISDICTION OF ARBITRAL TRIBUNAL
Article 16. Competence of arbitral tribunal to rule on its jurisdiction
(1) The arbitral tribunal may rule on its own jurisdiction, including any
objections with respect to the existence or validity of the arbitration agreement. For
that purpose, an arbitration clause which forms part of a contract shall be treated as
an agreement independent of the other terms of the contract. A decision by the
arbitral tribunal that the contract is null and void shall not entail ipso jure the
invalidity of the arbitration clause.
(2) A plea that the arbitral tribunal does not have jurisdiction shall be raised not
later than the submission of the statement of defence. A party is not precluded from
raising such a plea by the fact that he has appointed, or participated in the
appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope
of its authority shall be raised as soon as the matter alleged to be beyond the scope of
its authority is raised during the arbitral proceedings. The arbitral tribunal may, in
either case, admit a later plea if it considers the delay justified.
(3) The arbitral tribunal may rule on a plea referred to in paragraph (2) either as
a preliminary question or in an award on the merits. If the arbitral tribunal rules as a
preliminary question that it has jurisdiction, any part may request, within thirty days
after having received notice of that ruling, the court specified in article 6 to decide
the matter, which decision shall be subject to no appeal; while such a request is
pending, the arbitral tribunal may continue the arbitral proceedings and make an
award.
Article 17. Power of arbitral tribunal to order interim measures
Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of
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a party, order any party to take such interim measure of protection as the arbitral
tribunal may consider necessary in respect of the subject-matter of the dispute. The
arbitral tribunal may require any party to provide appropriate security in connection
with such measure.
CHAPTER V. CONDUCT OF ARBITRAL PROCEEDINGS
Article 18. Equal treatment of parties
The parties shall be treated with equality and each party shall be given a full
opportunity of presenting his case.
Article 19. Determination of rules of procedure
(1) Subject to the provisions of this Law, the parties are free to agree on the
procedure to be followed by the arbitral tribunal in conducting the proceedings.
(2) Failing such agreement, the arbitral tribunal may, subject to the provisions
of this Law, conduct the arbitration in such manner as it considers appropriate. The
power conferred upon the arbitral tribunal includes the power to determine the
admissibility, relevance, materiality and weight of any evidence.
Article 20. Place of arbitration
(1) The parties are free to agree on the place of arbitration. Failing such
agreement, the place of arbitration shall be determined by the arbitral tribunal having
regard to the circumstances of the case, including the convenience of the parties.
(2) Notwithstanding the provisions of paragraph (1), the arbitral tribunal may,
unless otherwise agreed by the parties, meet at any place it considers appropriate for
consultation among its members, for hearing witnesses, experts or the parties, or for
inspection of goods, other property or documents.
Article 21. Commencement of arbitral proceedings
Unless otherwise agreed by the parties, the arbitral proceedings in respect of a
particular dispute commence on the date on which a request for that dispute to be
referred to arbitration is received by the respondent.
Article 22. Language
(1) The parties are free to agree on the language or languages to be used in the
arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the
language or languages to be used in the proceedings. This agreement or
determination, unless otherwise specified therein, shall apply to any written
statement by a party, any hearing and any award, decision or other communication
by the arbitral tribunal.
(2) The arbitral tribunal may order that any documentary evidence shall be
accompanied by a translation into the language or languages agreed upon by the
parties or determined by the arbitral tribunal.
Article 23. Statement of claim and defence
(1) Within the period of time agreed by the parties or determined by the arbitral
tribunal, the claimant shall state the facts supporting the claim, the points at issue
and the relief of remedy sought, and the respondent shall state his defence in respect
of these particulars, unless the parties have otherwise agreed as to the required
elements of such statements. The parties may submit with their statements all
documents they consider to be relevant or may add a reference to the documents or
other evidence they will submit.
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(2) Unless otherwise agreed by the parties, either party may amend or
supplement his claim or defence during the course of the arbitral proceedings, unless
the arbitral tribunal considers it inappropriate to allow such amendment having
regard to the delay in making it.
Article 24. Hearing and written proceedings
(1) Subject to any contrary agreement by the parties, the arbitral tribunal shall
decide whether to hold oral hearings for the presentation of evidence or for oral
argument, or whether the proceedings shall be conducted on the basis of documents
and other materials. However, unless the parties have agreed that no hearings shall
be held, the arbitral tribunal shall hold such hearings at an appropriate stage of the
proceedings, if so requested by a party.
(2) The parties shall be given sufficient advance notice of any hearing and of
any meeting of the arbitral tribunal for the purposes of inspection of goods, other
property or documents.
(3) All statements, documents or other information supplied to the arbitral
tribunal by one party shall be communicated to the other party. Also any expert
report or evidentiary document on which the arbitral tribunal may rely in making its
decision shall be communicated to the parties.
Article 25. Default of a party
Unless otherwise agreed by the parties, if, without showing sufficient cause,
(a) the claimant fails to communicate his statement of claim in accordance
with article 23 (1), the arbitral tribunal shall terminate the proceedings;
(b) the respondent fails to communicate his statement of defence in
accordance with article 23 (1), the arbitral tribunal shall continue the
proceedings without treating such failure in itself as an admission of the
claimant’s allegations;
(c) any party fails to appear at a hearing or to produce documentary
evidence, the arbitral tribunal may continue the proceedings and make
the award on the evidence before it.
Article 26. Expert appointed by arbitral tribunal
(1)
Unless otherwise agreed by the parties, the arbitral tribunal,
(a) may appoint one or more experts to report to it on specific issues to be
determined by the arbitral tribunal;
(b) may require a party to give the expert any relevant information or to
produce, or to provide access to, any relevant documents, goods or other
property for his inspection.
(2) Unless otherwise agreed by the parties, if a party so requests or if the
arbitral tribunal considers it necessary, the expert shall, after delivery of his written
or oral report, participate in a hearing where the parties have the opportunity to put
questions to him and to present expert witnesses in order to testify on the points at
issue.
Article 27. Court assistance in taking evidence
The arbitral tribunal or a party with the approval of the arbitral tribunal may
request from a competent court of this State assistance in taking evidence. The court
may execute the request within its competence and according to its rules on taking
evidence.
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CHAPTER VI. MAKING OF AWARD AND TERMINATION OF PROCEEDINGS
Article 28. Rules applicable to substance of dispute
(1) The arbitral tribunal shall decide the dispute in accordance with such rules
of law as are chosen by the parties as applicable to the substance of the dispute. Any
designation of the law or legal system of a given State shall be construed, unless
otherwise expressed, as directly referring to the substantive law of that State and not
to its conflict of laws rules.
(2) Failing any designation by the parties, the arbitral tribunal shall apply the
law determined by the conflict of laws rules which it considers applicable.
(3) The arbitral tribunal shall decide ex aequo et bono or as amiable
compositeur only if the parties have expressly authorised it to do so.
(4) In all cases, the arbitral tribunal shall decide in accordance with the terms of
the contract and shall take into account the usages of the trade applicable to the
transaction.
Article 29. Decision-making by panel of arbitrators
In arbitral proceedings with more than one arbitrator, any decision of the arbitral
tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its
members. However, questions of procedure may be decided by a presiding arbitrator,
if so authorised by the parties or all members of the arbitral tribunal.
Article 30. Settlement
(1) If, during arbitral proceedings, the parties settle the dispute, the arbitral
tribunal shall terminate the proceedings and, if requested by the parties and not
objected to by the arbitral tribunal, record the settlement in the form of an arbitral
award on agreed terms.
(2) An award on agreed terms shall be made in accordance with the provisions
of article 31 and shall state that it is an award. Such an award has the same status and
effect as any other award on the merits of the case.
Article 31. Form and contents of award
(1) The award shall be made in writing and shall be signed by the arbitrator or
arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of
the majority of all members of the arbitral tribunal shall suffice, provided that the
reason for any omitted signature is stated.
(2) The award shall state the reasons upon which it is based, unless the parties
have agreed that no reasons are to be given or the award is an award on agreed terms
under article 30.
(3) The award shall state its date and the place of arbitration as determined in
accordance with article 20 (1). The award shall be deemed to have been made at that
place.
(4) After the award is made, a copy signed by the arbitrators in accordance with
paragraph (1) shall be delivered to each party.
Article 32. Termination of proceedings
(1) The arbitral proceedings are terminated by the final award or by an order of
the arbitral tribunal in accordance with paragraph (2).
(2) The arbitral tribunal shall issue an order for the termination of the arbitral
proceedings when
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(a) the claimant withdraws his claim, unless the respondent objects thereto
and the arbitral tribunal recognises a legitimate interest on his part in
obtaining a final settlement of the dispute;
(b) the parties agree on the termination of the proceedings;
(c) the arbitral tribunal finds that the continuation of the proceedings has
for any other reason become unnecessary or impossible.
(3) The mandate of the arbitral tribunal terminates with the termination of the
arbitral proceedings, subject to the provisions of articles 33 and 34 (4).
Article 33. Correction and interpretation of award, additional award
(1) Within thirty days of receipt of the award, unless another period of time has
been agreed upon by the parties
(a) a party, with notice to the other party, may request the arbitral tribunal
to correct in the award any errors in computation, any clerical or
typographical errors or any errors of similar nature;
(b) if so agreed by the parties, a party, with notice to the other party, may
request the arbitral tribunal to give an interpretation of a specific point
or part of the award.
If the arbitral tribunal considers the request to be justified, it shall make the
correction or give the interpretation within thirty days of receipt of the request. The
interpretation shall form part of the award.
(2) The arbitral tribunal may correct any error of the type referred to in
paragraph (1) (a) on its own initiative within thirty days of the date of the award.
(3) Unless otherwise agreed by the parties, a party, with notice to the other
party, may request, within thirty days of receipt of the award, the arbitral tribunal to
make an additional award as to claims presented in the arbitral proceedings but
omitted from the award. If the arbitral tribunal considers the request to be justified,
it shall make the additional award within sixty days.
(4) The arbitral tribunal may extend, if necessary, the period of time within
which it shall make a correction, interpretation or an additional award under
paragraph (1) or (3).
(5) The provisions of article 31 shall apply to a correction or interpretation of
the award or to an additional award.
CHAPTER VII. RECOURSE AGAINST AWARD
Article 34. Application for setting aside as exclusive recourse against arbitral
award
(1) Recourse to a court against an arbitral award may be made only by an
application for setting aside in accordance with paragraphs (2) and (3).
(2)
An arbitral award may be set aside by the court specified in article 6 only if
(a)
the party making the application furnishes proof that
(i)
a party to the arbitration agreement referred to in article 7 was
under some incapacity; or the said agreement is not valid under
the law to which the parties have subjected it or, failing any
indication thereon, under the law of this State; or
(ii) the party making the application was not given proper notice of
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the appointment of an arbitrator or of the arbitral proceedings or
was otherwise unable to present his case; or
(iii) the award deals with a dispute not contemplated by or not falling
within the terms of the submission to arbitration, or contains
decisions on matters beyond the scope of the submission to
arbitration, provided 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 not
submitted to arbitration may be set aside; or
(iv) the composition of the arbitral tribunal or the arbitral procedure
was not in accordance with the agreement of the parties, unless
such agreement was in conflict with a provision of this Law from
which the parties cannot derogate, or, failing such agreement, was
not in accordance with this Law; or
(b) the court finds that
(i) the subject-matter of the dispute is not capable of settlement by
arbitration under the law of this State; or
(ii) the award is in conflict with the public policy of this State.
(3) An application for setting aside may not be made after three months have
elapsed from the date on which the party making that application had received the
award or, if a request had been made under article 33, from the date on which that
request had been disposed of by the Arbitration Tribunal.
(4) The court, when asked to set aside an award, may, where appropriate and so
requested by a party, suspend the setting aside proceedings for a period of time
determined by it in order to give the arbitral tribunal an opportunity to resume the
arbitral proceedings or to take such action as in the arbitral tribunal’s opinion will
eliminate the grounds for setting aside.
CHAPTER VIII. RECOGNITION AND ENFORCEMENT OF AWARDS
Article 35. Recognition and Enforcement
(1) An arbitral award, irrespective of the country in which it was made, shall be
recognised as binding and, upon application in writing to the competent court, shall
be enforced subject to the provisions of this article and of article 36.
(2) The party relying on an award or applying for its enforcement shall supply
the duly authenticated original award or a duly certified copy thereof, and the
original arbitration agreement referred to in article 7 or a duly certified copy thereof.
If the award or agreement is not made in an official language of this State, the party
shall supply a duly certified translation thereof into such language. *
Article 36. Grounds for refusing recognition or enforcement
(1) Recognition or enforcement of an arbitral award, irrespective of the country
in which it was made, may be refused only
(a) at the request of the party against whom it is invoked, if that party
furnishes to the competent court where recognition or enforcement is
sought proof that
*The conditions set forth in this paragraph are intended to set maximum standards. It would, thus, not be
contrary to the harmonization to be achieved by the Model Law if a State retained even less onerous
conditions.
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(i)
a party to the arbitration agreement referred to in article 7 was
under some incapacity; or the said agreement is not valid under
the law to which the parties have subjected it or, failing any
indication thereon, under the law of the country where the award
was made; or
(ii) the party against whom the award is invoked was not given proper
notice of the appointment of an arbitrator or of the arbitral
proceedings or was otherwise unable to present his case; or
(iii) the award deals with a dispute not contemplated by or not falling
within the terms of the submission to arbitration, or it contains
decisions on matters beyond the scope of the submission to
arbitration, provided that, if the decision on 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 recognised and enforced; or
(iv) the composition of the arbitral tribunal or the arbitral procedure
was not in accordance with the agreement of the parties or, failing
such agreement, was not in accordance with the law of the country
where the arbitration took place; or
(v) 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, that award was made; or
(b) if the court finds that
(i) the subject-matter of the dispute is not capable of settlement by
arbitration under the law of this State; or
(ii) the recognition or enforcement of the award would be contrary to
the public policy of this State.
(2) If an application for setting aside or suspension of an award has been made
to a court referred to in paragraph (1) (a) (v), the court where recognition or
enforcement is sought may, if it considers it proper, adjourn its decision and may
also, on the application of the party claiming recognition or enforcement of the
award, order the other party to provide appropriate security.
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