36Grounds for refusing recognition or enforcement

36 Grounds for refusing recognition or enforcement (Model Law art 36) (1) Recognition or enforcement of an arbitral award, irrespective of the State or Territory 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 court proof that— (i) a party to the arbitration agreement was under some incapacity, or the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication in it, under the law of the State or Territory 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 the party’s case; or