Arbitration Act 2010

25.

Non-application of provisions of Act to Washington Convention, save in certain circumstances.

25.— (1) This Act other than—

(a) sections 11, 14 and 15, and

(b) section 6, in so far as it gives the force of law to Article 8(1) of the Model Law,

shall not apply to proceedings pursuant to the Washington Convention.

(2) In this section, “award” means an award rendered pursuant to the Washington Convention and includes any decision made—

(a) pursuant to Article 49(2) of that Convention in relation to any question which the Tribunal referred to in that Article had omitted to decide in the award, or in relation to the rectification of any clerical, arithmetical or similar error in the award,

(b) pursuant to Articles 50, 51 and 52 of that Convention, interpreting, revising or annulling the award, and

(c) pursuant to Article 61(2) of that Convention in relation to costs.

(3) Subject to this Act, the Washington Convention shall have the force of law in the State.

(4) The Minister for Finance may discharge any obligations of the Government arising under Article 17 of the Washington Convention and any sums required for this purpose; and any administrative expenses incurred by the Minister for Finance as a result of acceptance by the State of the Washington Convention shall be paid out of moneys provided by the Oireachtas.

(5) The pecuniary obligations imposed by an award shall, by leave of the High Court, be enforceable in the same manner as a judgment or order of the High Court to the same effect and, where leave is so given, judgment may be entered for the amount due or, as the case may be, the balance outstanding under the award.

(6) Any person who applies to the High Court under subsection (5) for leave to enforce the pecuniary obligations imposed by an award shall lodge with his or her application a copy of the award certified in accordance with Article 54(2) of the Washington Convention.

(7) Where an application is made to the High Court pursuant to subsection (5), the High Court shall, in any case where enforcement of an award has been stayed, whether provisionally or otherwise, in accordance with Articles 50, 51 or 52 of the Washington Convention, stay enforcement of the pecuniary obligations imposed by the award and may, in any case where an application has been made in accordance with any of those Articles which, if granted, might result in a stay on the enforcement of the award, stay enforcement of the pecuniary obligations imposed by the award.

Annotations

Modifications (not altering text):

C2

Certain functions transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), art. 3 and sch. 1, in effect as per art. 1(2).

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

...

are transferred to the Minister for Public Expenditure and Reform.

Article 3(a)

Schedule 1

Enactments

Part 2

1922 to 2011 Enactments

Number and Year

(1)

Short Title

(2)

Provision

(3)

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...

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No. 1 of 2010

Arbitration Act 2010

Section 25(4)

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