index.
UNCITRAL MODEL LAW ON
INTERNATIONAL COMMERCIAL ARBITRATION
REFERENCES
article 36
see this article in the full MAL
Article 36. Grounds for refusing recognition or enforcement
(1) Recognition or enforcement of an arbitral award, irrespective of the country in which it was
made, may be refused only:
(a) at the request of the party against whom it is
invoked, if that party furnishes to the competent court where recognition or enforcement is
sought proof that:
(i) a party to the arbitration agreement referred to in article 7 was under some incapacity; or the said
agreement is not valid under the law to which the parties have subjected it or, failing any
indication thereon, under the law of the country where the award was made; or
(ii) the party against whom the award is invoked was not given proper notice of the appointment of an
arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
(iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission
to arbitration, or it contains decisions on matters beyond the scope of the submission
toarbitration, provided that, if the decisions on matters submitted to arbitration can be separated
from those not so submitted, that part of the award which contains decisions on matters
submitted to arbitration may be recognized and enforced; or
(iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the
agreement of the parties or, failing such agreement, was not in accordance with the law of the
country where the arbitration took place; or
(v) the award has not yet become binding on the parties or has been set aside or suspended by a court of
the country in which, or under the law of which, that award was made; or
(b) if the court finds that:
(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law of this
State; or
(ii) the recognition or enforcement of the award would be contrary to the public policy of this State.
(2) ...
SEE ALSO THE SEPARATE ENTRIES FOR THE OTHER SECTIONS OF
THIS ARTICLE.
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