(1) A party may apply to the Court for an order in the terms of the award if:
(a) the matter has not been referred to the arbitrator by the Court; but
(b) the matter is a matter in which the Court has original jurisdiction.
(2) A party who wants to make an application under subrule (1) must file an originating application, in accordance with Form 50.
(3) The application must be accompanied by:
(a) a copy of the arbitration agreement; and
(b) a copy of the award; and
(c) an affidavit stating:
(i) the material facts demonstrating why the Court has original jurisdiction in the matter that is the subject of the award; and
(ii) the extent to which the award has not been complied with, at the date the application is made; and
(iii) 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.
(4) The application may be made without notice.
Note Without notice is defined in the Dictionary.
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