Arbitration Act (Cap. 387)

Arbitration Act (Cap. 387), article 61

Official PDF on legislation.mt

61. (1) Registration with the Centre of an international award shall not be required for the validity of the award. (2) Where in accordance with article 60, the provisions of Part IV of the Act apply, the requirement in article 17(1) with regard to filing of a notice of arbitration for registration by the Centre shall not apply and the relevant provisions of the Model Law shall apply. (3) Notwithstanding subarticle (1), an international award may b e registered with the Centre as provided in article 72 on the app lication of any interested party and against payment of the applicable f ee; provided that in such a case article 72(4)( a) and article 72(6) shall not apply and the following subarticles (4) and (5) shall apply in their stead. (4) The Registrar shall not register an international award prio r to the lapse of at least three months from the date of the award u nless the parties confirm in writing that they do not intend to take any recourse against the award in terms of applicable law. ARBITRATION [CAP. 387. 25 (5) On the lapse of the period stated in subarticle (4), the Reg istrar shall not register an international award if he is notified tha t recourse against an award has been taken by any party to the arbitration proceedings, until such time as he is notified of the outcome o f such recourse. Any party to the proceedings who may take recourse ag ainst an award shall notify the Centre in writing of any recourse tak en, in Malta or overseas, within fifteen days of such event. (6) When the parties to an international arbitration agreement have expressly reserved recourse in terms of article 69A(3), an y appeal shall be made within the period stated in article 34(3) of the Model Law. Cap. 12. (7) An international award given pursuant to Part V shall, upon its registration with the Centre as provided in this article, const itute an executive title for the purposes of Title VII of Part I of Book Second of the Code of Or ganization and Civil Procedure . (8) Where no party has registered the award with the Centre in terms of this article, any party relying on an international aw ard may at any time apply to the Court of Appeal for recognition and enfor cement of the said award in accordance w ith Part VIII of the Model Law and the provisions in that part shall apply mutatis mutandis to any appeal which may have been reserved in terms of article 69A(3). Cap. 12. (9) On application by any party, the Court of Appeal may, notwithstanding the provisions of the Code of Organization and Civil Procedure or the Model Law, order the provisional enforcement of an international award in whole or in part, and may issue all such related and ancillary orders as it may deem fit. Article 17 of the Model Law. Amended by: XVIII.1999.22.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.