Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 28.49

Recognition of award

  (1)   A party to an arbitral proceeding who wants to enforce an award under section   35(4) of the International Arbitration Act must file an originating application, in accordance with Form 58.

Note:   Award is defined in section   31(1) of the International Arbitration Act.

  (2)   The application must be accompanied by an affidavit stating:

  (a)   the extent to which the award has not been complied with, at the date the application is made; and

  (b)   the usual or last - known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last - known registered office of the company.

  (3)   The application may be made without notice.

Note:   Without notice is defined in the Dictionary.


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