Arbitration Act (Cap. 387)
Arbitration Act (Cap. 387), article 61
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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