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7 1980

ARBITRATION ACT, 1980

PART IV

Enforcement of Washington Convention Awards

Interpretation (Part IV).

12. —In this Part—

award” means an award rendered pursuant to the Washington Convention and includes any decision made—

(a) pursuant to Article 49 (2) of that Convention in relation to any question which the Tribunal referred to in that Article had omitted to decide in the award, or in relation to the rectification of any clerical, arithmetical or similar error in the award,

(b) pursuant to Articles 50, 51 and 52 of that Convention, interpreting, revising or annulling the award, and

(c) pursuant to Article 61 (2) of that Convention in relation to costs;

the Washington Convention” means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States opened for signature in Washington on the 18th day of March, 1965, which Convention is set out in the Second Schedule to this Act.

Approval of acceptance.

13. —Acceptance by the State of the Washington Convention is hereby approved.

Government contribution under Washington Convention and expenses.

14. —(1) The Minister for Finance may discharge any obligations of the Government arising under Article 17 of the Washington Convention (which obliges the Contracting States to meet any deficit of the International Centre for Settlement of Investment Disputes established under that Convention).

(2) Any sums required for the purposes of subsection (1) of this section and any administrative expenses incurred by the Minister for Finance as a result of acceptance by the State of the Washington Convention shall be paid out of moneys provided by the Oireachtas.

Application of Principal Act and other enactments.

15. —(1) The Minister for Justice may by order direct that any of the provisions contained in—

(a) sections 19, 20, 21 and 22 of the Principal Act (which relate to attendance of witnesses, security for costs, discovery of documents, etc.), and

(b) the Foreign Tribunals Evidence Act, 1856 (which relates to taking of evidence for the purpose of proceedings before a foreign tribunal),

shall apply to such proceedings pursuant to the Washington Convention as are specified in the order, and the order may contain such modifications or exceptions as may appear to the Minister for Justice to be expedient for the purposes of the order.

(2) Subject to subsection (1) of this section, the Principal Act shall not apply to proceedings pursuant to the Washington Convention.

(3) The Minister for Justice may by order revoke or amend an order under this section, including an order under this subsection.

Enforcement of pecuniary obligations imposed by award.

16. —(1) The pecuniary obligations imposed by an award shall, by leave of the High Court, be enforceable in the same manner as a judgment or order of the High Court to the same effect and, where leave is so given, judgment may be entered for the amount due or, as the case may be, the balance outstanding under the award.

(2) Any person who applies to the High Court pursuant to subsection (1) of this section for leave to enforce the pecuniary obligations imposed by an award shall lodge with his application a copy of the award certified in accordance with Article 54 (2) of the Washington Convention.

Power of High Court to stay enforcement.

17. —Where an application is made to the High Court pursuant to section 16 of this Act, the High Court shall, in any case where enforcement of an award has been stayed, whether provisionally or otherwise, in accordance with Article 50, Article 51 or Article 52 of the Washington Convention, stay enforcement of the pecuniary obligations imposed by the award and may, in any case where an application has been made in accordance with any of those Articles which, if granted, might result in a stay on the enforcement of the award, stay enforcement of the pecuniary obligations imposed by the award.