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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