Part 8Recognition and enforcement of awards

Part 8 Recognition and enforcement of awards Section 36 page 58 Commercial Arbitration Act 2017 Effective: 02/07/19 R3 02/07/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (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 to arbitration, 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 recognised 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 State or Territory 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 State or Territory 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 the Territory; or (ii) the recognition or enforcement of the award would be contrary to the public policy of the Territory. (2) If an application for setting aside or suspension of an award has been made to a court referred to in subsection (1) (a) (v), the court may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the award, order the party to provide appropriate security.

Miscellaneous Part 9 Section 37 R3 02/07/19 Commercial Arbitration Act 2017 Effective: 02/07/19 page 59 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 9 Miscellaneous