Arbitration (International Investment Disputes) Rules

Arbitration (International Investment Disputes) Act

(CHAPTER 11, Section 6)

Arbitration (International Investment
Disputes) Rules

R 1

REVISED EDITION 1990

(25th March 1992)

[19th November 1982]

Citation

1. These Rules may be cited as the Arbitration (International Investment Disputes) Rules.

Definitions

2.—(1) In these Rules —

“judgment creditor” and “judgment debtor” mean respectively the person seeking recognition or enforcement of an award and the other party to the award;

“Order 67” means Order 67 of the Rules of the Supreme Court.

(2) Subject to the provisions of these Rules, the following provisions of Order 67, namely, Rules 1, 3(1) (except sub-paragraphs (c)(iv) and (d) thereof), 7 (except rule 3(c) and (d) thereof), 8 and 10(3), shall apply with the necessary modifications in relation to an award as they apply in relation to a judgment to which Part II of the Reciprocal Enforcement of Foreign Judgments Act [Cap. 265] applies.

Application

3. An application to have an award registered in the High Court under section 4 of the Act shall be made by originating summons.

Affidavit

4. The affidavit required by Order 67, Rule 3, in support of an application for registration shall —

(a)	in lieu of exhibiting the judgment or a copy thereof, exhibit a copy of the award certified pursuant to the Convention; and
(b)	in addition to stating the matters mentioned in paragraph (1)(c)(i) and (ii) of Rule 3, state whether at the date of the application the enforcement of the award has been stayed (provisionally or otherwise) pursuant to the Convention and whether any, and if so what, application has been made pursuant to the Convention which, if granted, might result in a stay of the enforcement of the award.

[O. 67 r. 3.]

5. There shall be kept in the office of the Registrar a register of the awards ordered to be registered under the Act and particulars shall be entered in the register of any execution issued on such an award.

Stay of execution of award

6. Where it appears to the Court on granting leave to register an award or on an application made by the judgment debtor after an award has been registered —

(a)	that the enforcement of the award has been stayed (whether provisionally or otherwise) pursuant to the Convention; or
(b)	that an application has been made pursuant to the Convention which, if granted, might result in a stay of the enforcement of the award,

the Court shall, or in the case referred to in paragraph (b) may, stay execution of the award for such time as it considers appropriate in the circumstances.

Application by summons with affidavit

7. An application by the judgment debtor under rule 6 shall be made by summons and supported by affidavit.

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