Arbitration Act (Cap. 387)
Arbitration Act (Cap. 387), article 69A
69A. (1) An award given pursuant to an arbitration agreement
in accordance with Part IV of this Act, shall upon its registra tion by
the Centre, as provided in article 72, constitute an executive title
for the purposes of Title VII of Part I of Book Second of the Code
of Or ganization and Civil Procedure .
(2) Recourse against an arbitral award delivered under Part IV
may be made to the Court of Appeal by application either -
(a) praying that the award be set aside in accordance with
the provisions of article 70, or
(b appealing on a point of law in accordance with article
ARBITRATION [CAP. 387. 27
70A except in the case of mandatory arbitrations, or
(c) appealing both on points of fact and on points of law in
accordance with article 70C.
(3) Recourse against an arbitral award delivered under Part V
may be made to the Court of Appeal by an appeal on a point of l aw
only if the parties to the arbitration agreement have expressly
agreed that such right of appeal is available to the parties in
addition to the rights of recourse as contemplated in article 3 4 of
the Model Law. In such cases the provisions of articles 61(5), 70A,
70B and related articles shall apply.
(4) Recourse against an award may also be made in accordance
with any procedure of appeal or review which may be expressly a greed
to by the parties in the arbitration agreement.
(5) The rights of recourse specified in the subarticles (2) and (3)
shall arise, to the extent available in terms of the Act and th e
arbitration agreement, upon the exhaustion of any contractual p rocess.
All time limits specified in this Act for applications under ar ticles 70
and 70A shall commence from such time as the result of the
contractual process is notified, is otherwise completed or laps es.
(6) Where any law provides for an arbitration board, tribunal or
other authority and contemplates a specific right of appeal, re view or
other recourse against its awards, the provisions of this Act w ith
regard to recourse against awards shall not apply and the provi sions of
such other law shall alone regulate the right of recourse again st awards
of such board, tribunal or other authority.
Cap. 12.
(7) Notwithstanding that registration of an award may not yet
have been effected in terms of article 61(4) or 72(4)( a), the Court
of Appeal may, on the application of any party and notwithstand ing
any provisions of the Code of Organization and Civil Procedure,
order the provisional enforcement of the award in whole or in p art,
and may issue all related and ancillary orders as it may deem f it.
Awards.
Amended by:
XVIII.1999.24.
Substituted by:
XXXI. 2002.247.
Amended by:
IX. 2010.10.
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.