Arbitration Act 1940
Sch . III Article
Convention on The Execution of Foreign Arbitral Awards
THE THIRD SCHEDULE
(See section 53)
Even if the conditions laid down in Article 1
hereof are fulfilled, recognition and enforcement of the award shall be refused
if the Court is satisfied : -
(a) that the award
has been annulled in the country in which it was made;
(b) that the party against whom it is sought
to use the award was not given notice of the arbitration proceedings in
sufficient time to enable him to present his case; or that, being under a legal
incapacity, he was not properly represented;
(c) that the award
does not deal with the differences contemplated by or falling within the terms
of the submission to arbitration or that it contains decision on matters beyond
the scope of the submission to arbitration.
If the award has not covered all the questions
submitted to the arbitral tribunal, the competent authority of the country
where recognition or enforcement of the award is sought can, if it thinks fit,
postpone such recognition or enforcement or grant it subject to such guarantee
as that authority may decide.