Arbitration Act (Cap. 387)

Arbitration Act (Cap. 387), article 69A

Official PDF on legislation.mt

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.

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