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Refusal of enforcement.
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9.—(1) Enforcement of an award shall not be refused otherwise than pursuant to the subsequent provisions of this section.
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(2) Enforcement of an award may be refused if the person against whom it is invoked proves that—
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(a) a party to the arbitration agreement was (under the law applicable to him) under some incapacity, or
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(b) the arbitration agreement was not valid under the law of the country to which the parties subjected it or, failing any indication thereon, under the law of the country where the award was made, or
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(c) he was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case, or
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(d) subject to subsection (4) of this section, the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, or
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(e) the composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, with the law of the country where the arbitration took place, or
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(f) the award has not yet become binding on the parties or has been set aside or suspended by a competent authority of the country in which, or under the law of which, the award was made.
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(3) Enforcement of an award may also be refused if the award is in respect of a matter which is not capable of settlement by arbitration under the law of the State, or if it would be contrary to public policy to enforce the award.
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(4) An award which contains decisions on matters not submitted to arbitration may be enforced to the extent that it contains decisions on matters submitted to arbitration which can be separated from any decisions on matters not so submitted.
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(5) In any case where an application for the setting aside or suspension of an award has been made to such a competent authority as is mentioned in subsection (2) (f) of this section, a court before which enforcement of the award is sought may, if it thinks fit, adjourn the proceedings and may, on the application of the party seeking to enforce the award, order the other party to give such security as the court may think fit.
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