OpenLegislation

Paragraph 62.20 Registration in High Court of foreign awards

Original text. Later amendments are not shown.

(1)

Where—

(a)

an award is made in proceedings on an arbitration in any part of a United Kingdom Overseas Territory (within the meaning of rule 6.18(f)) or other territory to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933f1 (“the 1933 Act”) extends;

(b)

Part II of the Administration of Justice Act 1920f2 extended to that part immediately before Part I of the 1933 Act was extended to that part; and

(c)

an award has, under the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place,

RSC Order 71, Part I applies in relation to the award as it applies in relation to a judgment given by the court subject to the modifications in paragraph (2).

(2)

The modifications referred to in paragraph (1) are as follows—

(a)

for references to the country of the original court are substituted references to the place where the award was made; and

(b)

the written evidence required by RSC Order 71, rule 3 must state (in addition to the matters required by that rule) that to the best of the information or belief of the maker of the statement the award has, under the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place.

Annotations

Footnotes

f1

1933 c. 13 (23 & 24 Geo. 5).

f2

1920 c. 81 (10 & 11 Geo. 5); section 10 of Part II was substituted by the Civil Jurisdiction and Judgments Act 1982 (c. 27), section 35(2) and section 14 of Part II was amended by the Civil Jurisdiction and Judgments Act 1982 (c. 27), section 35(3).