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Recognition and enforcement of arbitration awards and judgments.
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4.—(1) (a) Subject to the provisions of this section, where, as respects an award made or judgment given in proceedings in a state, being a Contracting Party (other than the State), in respect of or arising out of carriage to which CMR applies, an application for its recognition or enforcement is made to the High Court, that Court may, to the extent that the award or judgment has not been satisfied, make an order for its recognition or enforcement.
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(b) Where, on an application under paragraph (a) for the enforcement of an award or judgment, it is shown—
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(i) that the award or judgment provides for the payment of a sum of money, and
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(ii) that, in accordance with the law of the Contracting Party in which the award was made or the judgment was given, interest on that sum is recoverable under the award or judgment at a particular rate or rates and from a particular date or time, the order, if made, shall provide that the person by whom the sum aforesaid is payable shall also be liable to pay the interest aforesaid, apart from any interest on costs recoverable by virtue of paragraph (c), in accordance with the particulars noted in the order, and the amount of the interest shall be recoverable by the applicant concerned as if it was part of the sum aforesaid.
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(c) An order referred to in paragraph (b) may, at the discretion of the High Court, provide for the payment to the applicant concerned by the respondent concerned of the reasonable costs of or incidental to the application for the order.
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(d) A person by whom costs recoverable by virtue of paragraph (c) are payable shall be liable to pay interest on the costs as if they were the subject of an order for the payment of costs made by the High Court on the date of the making of the relevant order under paragraph (a).
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(e) Interest shall be payable on a sum referred to in paragraph (a) only as provided for by this subsection.
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(2) An award or judgment in respect of which an order for its enforcement has been made under subsection (1) shall, to the extent to which its enforcement is authorised by the order, be of the same force and effect and, for or as respects the enforcement of the award or, as the case may be, the judgment, the High Court shall have the same powers, and proceedings may be taken, as if the arbitration concerned was pursuant to an arbitration agreement or, as the case may be, the judgment was a judgment of the High Court.
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(3) (a) The following documents shall be attached to an application under subsection (1):
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(i) the original or a copy (certified by the arbitrator concerned or the judge or an officer of the court concerned to be a true copy) of the award or judgment concerned,
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(ii) the original or a copy (certified by the arbitrator concerned or the judge or an officer of the court concerned to be a true copy) of a document signed by the arbitrator, judge or officer aforesaid and stating that the award or judgment is enforceable in the state concerned (being a Contracting Party),
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(iii) in case the award or judgment aforesaid was made or given by default, the original or a copy (certified by the person by whom notice of the proceedings was given to the person against whom enforcement is sought to be a true copy) of a document establishing that such a notice was duly given to the latter, and
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(iv) the original or a copy (certified by the arbitrator concerned or the judge or an officer of the court concerned to be a true copy) of a document establishing that the person against whom enforcement is sought has received notice of the award or judgment in due time.
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(b) For the purposes of this Act—
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(i) a document purporting to be certified as specified in paragraph (a) (i) and to be a copy of an award or judgment shall, without further proof, be deemed to be a true copy of the award or judgment, unless the contrary is shown,
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(ii) the original, or a copy purporting to be certified as specified in subparagraph (ii), (iii) or (iv) of paragraph (a), of a document specified in the said subparagraph (ii), (iii) or (iv) shall be evidence, unless the contrary is shown, of anything stated therein,
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(iii) a document purporting to be a translation of a document specified in paragraph (a) and to be certified as correct by a person competent to do so shall, without further proof, be deemed to be such translation unless the contrary is shown.
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