Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 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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