Commonwealth Consolidated Acts

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INTERNATIONAL ARBITRATION ACT 1974 - SECT 9

Evidence of awards and arbitration agreements

  (1)   In any proceedings in which a person seeks the enforcement of a foreign award by virtue of this Part, he or she shall produce to the court:

  (a)   the duly authenticated original award or a duly certified copy; and

  (b)   the original arbitration agreement under which the award purports to have been made or a duly certified copy.

  (2)   For the purposes of subsection   ( 1), an award shall be deemed to have been duly authenticated, and a copy of an award or agreement shall be deemed to have been duly certified, if:

  (a)   it purports to have been authenticated or certified, as the case may be, by the arbitrator or, where the arbitrator is a tribunal, by an officer of that tribunal, and it has not been shown to the court that it was not in fact so authenticated or certified; or

  (b)   it has been otherwise authenticated or certified to the satisfaction of the court.

  (3)   If a document or part of a document produced under subsection   ( 1) is written in a language other than English, there shall be produced with the document a translation, in the English language, of the document or that part, as the case may be, certified to be a correct translation.

  (4)   For the purposes of subsection   ( 3), a translation shall be certified by a diplomatic or consular agent in Australia of the country in which the award was made or otherwise to the satisfaction of the court.

  (5)   A document produced to a court in accordance with this section is, upon mere production, receivable by the court as prima facie evidence of the matters to which it relates.


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