ABSTRACT
An award on an arbitration may, by leave of the court or a judge thereof, be enforced in the same manner as a judgment or order to the same effect. The circumstances in which enforcement of a Convention award may be refused are broadly those set out in the Convention itself. These are referred to in clause 49, as follows, namely that the person against whom it is invoked proves that: (a) a party to the arbitration agreement was under some incapacity; or (b) the arbitration agreement was not valid under the law to which the parties
subjected it, or in the absence of such indication, under the law of the country where the award was made; or
(c) they were not given proper notice of the appointment of the arbitrator or of the arbitration proceedings, or were otherwise unable to present their case; or
(d) the award deals with a difference not contemplated by, or not falling within or beyond, the scope of the submission to arbitration; or
(e) the composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties or the law of the country where the arbitration took place;
(f) the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made.
