Cap. 387 Art. 72Registration with and by the Centre.
PART VI
(1) Where the registration of any final award or document under this Act is required to be made with the Centre, the award or document, or an authentic copy thereof, shall be deposited with the registrar together with such fee as may from time to time be prescribed for such registration.
(2) The registrar shall refuse to register an award or a document if the same does not comply with any of the provisions of this Act or of the rules made by the Centre relative to such Act.
(3) In the case of a domestic arbitration, conducted under Part IV of this Act, the provisions of article 38(2), (3), (4) and (5), article 70, article 70A, article 70B, article 70C, article 71 and article 71A shall only apply and the proceedings shall only be valid where at any time prior to the communication of the award in accordance with article 44(4), a notice of arbitration is registered with the Centre in accordance with article 17.
(4) (a) The Registrar shall not register an award prior to the lapse of thirty days from the date on which the award has been notified to the parties to an arbitration or if the Centre is notified of any recourse against an award taken by any party to the arbitration proceedings in terms of this part of this Act.
(b) Where, following any application in accordance with article 70 or 70A or 70C, the Court does not uphold the application, the judgement of the Court of Appeal shall be registered with the Centre together with the award being registered on the request of the party seeking registration.
(5) Upon its registration with the Centre the award shall be final and binding and, furthermore, may not be challenged.
(6) Any application under articles 70 or 70A or 70C which the Court of Appeal determines to be frivolous or vexatious shall render the party making such challenge or appeal liable to pay the party requesting it a penalty of not less than two hundred and thirty-two euro and ninety-four cents (232.94) and not more than eleven thousand and six hundred and forty-six euro and eighty-
requesting registration may, within thirty days from such refusal, request the Court of Appeal, by application, to order the registrar to accept such registration, and the decision of the said court shall be final and binding. Such application shall be served on the other parties to the arbitration and on the registrar.
(2) The fact that a document has been accepted for registration by the Centre shall not preclude the challenge of the validity of such document under any provision of this Act.
Änderungsgeschichte
- Amended by XVIII.1999.26