<p style="text-align: center"> 
  <b> 
  <span> 
                                              ARBITRATION ACT, 1961 (ACT 38)</span></b></p> 
                                              <p> 
                                              <span>&nbsp;</span></p> 
                                              <p> 
                                              <span> 
                                              ARRANGEMENT OF SECTIONS</span></p> 
                                              <p> 
                                              <span> 
                                              Section</span></p> 
                                              <p> 
                                              <span> 
                                              PART I&#8212;ARBITRATION AND AWARD</span></p> 
                                              <p> 
                                              <span> 
                                              1. Arbitration.</span></p> 
                                              <p> 
                                              <span> 
                                              2. Arbitrator.</span></p> 
                                              <p> 
                                              <span> 
                                              3. Umpire.</span></p> 
                                              <p> 
                                              <span> 
                                              4. Award.</span></p> 
                                              <p> 
                                              <span> 
                                              5. Arbitration Agreement.</span></p> 
                                              <p> 
                                              <span> 
                                              PART II&#8212;DOMESTIC AWARDS</span></p> 
                                              <p> 
                                              <span> 
                                              Operation of Arbitration Agreement</span></p> 
                                              <p> 
                                              <span> 
                                              6. Authority of Arbitrators and 
                                              Umpires to be Irrevocable.</span></p> 
                                              <p> 
                                              <span> 
                                              7. Death of Party.</span></p> 
                                              <p> 
                                              <span> 
                                              8. Staying Court Proceedings Where 
                                              There is Reference to Arbitration.</span></p> 
                                              <p> 
                                              <span> 
                                              9. Reference of Interpleader 
                                              Issues to Arbitration.</span></p> 
                                              <p> 
                                              <span> 
                                              Arbitrators and Umpires</span></p> 
                                              <p> 
                                              <span> 
                                              10. When Reference is to a Single 
                                              Arbitrator.</span></p> 
                                              <p> 
                                              <span> 
                                              11. Power of Parties to Supply 
                                              Vacancy.</span></p> 
                                              <p> 
                                              <span> 
                                              12. Appointment of Umpires.</span></p> 
                                              <p> 
                                              <span> 
                                              13. Agreements for Reference to 
                                              Three Arbitrators.</span></p> 
                                              <p> 
                                              <span> 
                                              14. Power of Court to Appoint an 
                                              Arbitrator or Umpire.</span></p> 
                                              <p> 
                                              <span> 
                                              Conduct of Proceedings</span></p> 
                                              <p> 
                                              <span> 
                                              15. Evidence.</span></p> 
                                              <p> 
                                              <span> 
                                              16. Powers of Court.</span></p> 
                                              <p> 
                                              <span> 
                                              Provisions as to Awards</span></p> 
                                              <p> 
                                              <span> 
                                              17. Time for Making Award.</span></p> 
                                              <p> 
                                              <span> 
                                              18. Interim Awards.</span></p> 
                                              <p> 
                                              <span> 
                                              19. Specific Performance, 
                                              Injunction and Rectification.</span></p> 
                                              <p> 
                                              <span> 
                                              20. Awards to be Final.</span></p> 
                                              <p> 
                                              <span> 
                                              21. Power to Correct Slips.</span></p> 
                                              <p> 
                                              <span> 
                                              Costs and Fees</span></p> 
                                              <p> 
                                              <span> 
                                              22. Costs.</span></p> 
                                              <p> 
                                              <span> 
                                              23. Arbitrator's Or Umpire's Fees.</span></p> 
                                              <p> 
                                              <span> 
                                              Case Stated, Remission and Other 
                                              Relief</span></p> 
                                              <p> 
                                              <span> 
                                              24. Statement of Case.</span></p> 
                                              <p> 
                                              <span> 
                                              25. Power to Remit Award.</span></p> 
                                              <p> 
                                              <span> 
                                              26. Removal or Arbitrator and 
                                              Setting Aside of Award.</span></p> 
                                              <p> 
                                              <span> 
                                              27. Power of Court to Give Relief 
                                              Where Arbitrator is not Impartial 
                                              or the Dispute Involves Questions 
                                              of Fraud</span></p> 
                                              <p> 
                                              <span> 
                                              28. Power of Court where 
                                              Arbitrator is Removed or Authority 
                                              of Arbitrator is Revoked.</span></p> 
                                              <p> 
                                              <span> 
                                              29. Enforcement of Award.</span></p> 
                                              <p> 
                                              <span> 
                                              30. Power of Court to Extend Time 
                                              for Commencing Arbitration 
                                              Proceedings.</span></p> 
                                              <p> 
                                              <span> 
                                              31. Terms as to Costs, etc.</span></p> 
                                              <p> 
                                              <span> 
                                              Awards by Consent</span></p> 
                                              <p> 
                                              <span> 
                                              32. Awards by Consent.</span></p> 
                                              <p> 
                                              <span> 
                                              Application and Extent</span></p> 
                                              <p> 
                                              <span> 
                                              33. Application of Part II to 
                                              Statutory Arbitrations.</span></p> 
                                              <p> 
                                              <span> 
                                              34. Operation of Part II.</span></p> 
                                              <p> 
                                              <span> 
                                              35. Extent of Part II.</span></p> 
                                              <p> 
                                              <span> 
                                              PART III&#8212;FOREIGN AWARDS</span></p> 
                                              <p> 
                                              <span> 
                                              36. Awards to Which Part III 
                                              Applies.</span></p> 
                                              <p> 
                                              <span> 
                                              37. Effect of Foreign Awards.</span></p> 
                                              <p> 
                                              <span> 
                                              38. Evidence.</span></p> 
                                              <p> 
                                              <span> 
                                              39. Defences to Foreign Awards.</span></p> 
                                              <p> 
                                              <span> 
                                              40. Staying Court Proceedings.</span></p> 
                                              <p> 
                                              <span> 
                                              41. Saving for Other Rights.</span></p> 
                                              <p> 
                                              <span> 
                                              PART IV&#8212;MISCELLANEOUS PROVISIONS</span></p> 
                                              <p> 
                                              <span> 
                                              42. Court</span></p> 
                                              <p> 
                                              <span> 
                                              43. Repeals.</span></p> 
                                              <p> 
                                              <span> 
                                              44. Construction of Instruments.</span></p> 
                                              <p> 
                                              <span> 
                                              45. Commencement.</span></p> 
                                              <p> 
                                              <span> 
                                              SCHEDULE</span></p> 
                                              <p> 
                                              <span> 
                                              Schedule</span></p> 
                                              <p> 
                                              <span> 
                                              The United Nations Convention on 
                                              the Recognition and Enforcement of 
                                              Foreign Arbitral Awards adopted at 
                                              the Headquarters of the United 
                                              Nations in New York on June 10, 
                                              1958.</span></p> 
                                              <p> 
                                              <span>&nbsp;</span></p> 
                                              <p> 
                                              <span>&nbsp;</span></p> 
                                              <p style="text-align: center"> 
                                              <span> 
                                              THE THIRTY-EIGHTH</span></p> 
                                              <p style="text-align: center"></p> 
                                              <p style="text-align: center"> 
                                              <span> 
                                              ACT OF THE PARLIAMENT OF THE 
                                              REPUBLIC OF GHANA</span></p> 
                                              <p> 
                                              <span> 
                                              ENTITLED</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              THE ARBITRATION ACT, 1961</span></b></p> 
                                              <p> 
                                              <span> 
                                              AN ACT to regulate the settlement 
                                              of differences by arbitration and 
                                              to provide for the enforcement of 
                                              awards.</span></p> 
                                              <p> 
                                              <span> 
                                              DATE OF ASSENT: 16th March, 1961</span></p> 
                                              <p> 
                                              <span> 
                                              BE IT ENACTED by the President and 
                                              the National Assembly in this 
                                              present Parliament assembled as 
                                              follows:&#8212;</span></p> 
                                              <p> 
                                              <span> 
                                              PART I&#8212;ARBITRATION AND AWARD</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 1&#8212;Arbitration.</span></b></p> 
                                              <p> 
                                              <span> 
                                              An arbitration is the reference of 
                                              a difference between two or more 
                                              parties to a person other than a 
                                              court for determination after 
                                              hearing the parties in a judicial 
                                              manner.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 2&#8212;Arbitrator.</span></b></p> 
                                              <p> 
                                              <span>A 
                                              person to whom a reference to 
                                              arbitration is made is called an 
                                              arbitrator.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 3&#8212;Umpire.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Where a reference is to two 
                                              arbitrators and it is provided 
                                              that, in the event of disagreement 
                                              between them, the difference is to 
                                              be referred for decision to a 
                                              third person, that person is 
                                              called the umpire.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 4&#8212;Award.</span></b></p> 
                                              <p> 
                                              <span> 
                                              The decision of the arbitrator or 
                                              umpire is called the award.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 5&#8212;Arbitration Agreement.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) An arbitration agreement is a 
                                              contract in writing to refer 
                                              present or future differences to 
                                              arbitration, whether an arbitrator 
                                              is named in the contract or not.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) An arbitration agreement may 
                                              relate to any issue arising 
                                              between the parties to it which is 
                                              capable of being the subject of a 
                                              civil action but an arbitrator is 
                                              not entitled to make an award in 
                                              the nature of a judgment in rem, 
                                              that is, a decision affecting the 
                                              status of a person or thing or 
                                              determining any interest in 
                                              property except as between the 
                                              parties themselves.</span></p> 
                                              <p> 
                                              <span> 
                                              PART II&#8212;DOMESTIC AWARDS</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Operation of Arbitration Agreement</span></i></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 6&#8212;Authority of Arbitrators 
                                              and Umpires to be Irrevocable.</span></b></p> 
                                              <p> 
                                              <span> 
                                              The authority of an arbitrator or 
                                              umpire appointed by or by virtue 
                                              of an arbitration agreement is 
                                              irrevocable except by leave of the 
                                              Court, unless a contrary intention 
                                              is expressed in the agreement.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 7&#8212;Death of Party.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) An arbitration agreement is 
                                              not discharged by the death of any 
                                              party thereto, either as respects 
                                              the deceased or any other party, 
                                              but is in such an event 
                                              enforceable by or against the 
                                              legal representatives of the 
                                              deceased.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) The authority of an arbitrator 
                                              is not revoked by the death of any 
                                              party by whom he was appointed.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) This section is subject to any 
                                              enactment or rule of law by virtue 
                                              of which a particular right of 
                                              action is extinguished by the 
                                              death of a person.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 8&#8212;Staying Court 
                                              Proceedings where there is 
                                              Reference to Arbitration.</span></b></p> 
                                              <p> 
                                              <span> 
                                              If any party to an arbitration 
                                              agreement, or any person claiming 
                                              through him, commences any legal 
                                              proceedings in any court against 
                                              any other party to the agreement, 
                                              or any person claiming through 
                                              him, in respect of any matter 
                                              agreed to be referred, any party 
                                              to those legal proceedings may 
                                              apply to that court to stay the 
                                              proceedings, and that court, if 
                                              satisfied that there is no 
                                              sufficient reason why the matter 
                                              should not be referred in 
                                              accordance with the agreement, and 
                                              that the applicant was, at the 
                                              time when the proceedings were 
                                              commenced, and still remains, 
                                              ready and willing to do all things 
                                              necessary to the proper conduct of 
                                              the arbitration, may make an order 
                                              staying the proceedings.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 9&#8212;Reference of 
                                              Interpleader Issues to 
                                              Arbitration.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Where relief by way of 
                                              interpleader is granted and it 
                                              appears to the Court that the 
                                              claims in question are matters to 
                                              which an arbitration agreement, to 
                                              which the claimants are parties, 
                                              applies, the Court may direct the 
                                              issue between the claimants to be 
                                              determined in accordance with the 
                                              agreement.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Arbitrators and Umpires</span></i></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 10&#8212;When Reference is to a 
                                              Single Arbitrator.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every arbitration agreement shall, 
                                              if no other mode of reference is 
                                              provided, be deemed to include a 
                                              provision that the reference shall 
                                              be to a single arbitrator, unless 
                                              a contrary intention is expressed 
                                              in the agreement.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 11&#8212;Power of Parties to 
                                              Supply Vacancy.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Where an arbitration agreement 
                                              provides that the reference shall 
                                              be to two arbitrators, one to be 
                                              appointed by each party, then, 
                                              unless a contrary intention is 
                                              expressed therein&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) if either of the appointed 
                                              arbitrators refuses to act, or is 
                                              incapable of acting, or dies, the 
                                              party who appointed him may 
                                              appoint a new arbitrator in his 
                                              place;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) if, on such a reference, one 
                                              party fails to appoint an 
                                              arbitrator, either originally or 
                                              by way of substitution, for seven 
                                              clear days after the other party, 
                                              having appointed his arbitrator, 
                                              has served the party making 
                                              default with notice to make the 
                                              appointment, the party who has 
                                              appointed an arbitrator may 
                                              appoint that arbitrator to act as 
                                              sole arbitrator in the reference, 
                                              and his award shall be binding on 
                                              both parties as if he had been 
                                              appointed by consent.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) The Court may set aside any 
                                              appointment made in pursuance of 
                                              this section.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 12&#8212;Appointment of Umpires.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Unless a contrary intention is 
                                              expressed therein, every 
                                              arbitration agreement shall, where 
                                              the reference is to two 
                                              arbitrators, be deemed to include 
                                              a provision that the two 
                                              arbitrators shall appoint an 
                                              umpire immediately after they are 
                                              themselves appointed.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Unless a contrary intention is 
                                              expressed therein, every 
                                              arbitration agreement shall, where 
                                              such a provision is applicable to 
                                              the reference, be deemed to 
                                              include a provision that if the 
                                              arbitrators have delivered to any 
                                              party to the arbitration 
                                              agreement, or to the umpire, a 
                                              notice in writing stating that 
                                              they cannot agree, the umpire may 
                                              forthwith enter on the reference 
                                              in lieu of the arbitrators.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) At any time after the 
                                              appointment of an umpire, however 
                                              appointed, the Court may, on the 
                                              application of any party to the 
                                              reference and notwithstanding 
                                              anything to the contrary in the 
                                              arbitration agreement, order that 
                                              the umpire shall enter upon the 
                                              reference in lieu of the 
                                              arbitrators and as if he were a 
                                              sole arbitrator.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 13&#8212;Agreements for 
                                              Reference to Three Arbitrators.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Where an arbitration agreement 
                                              provides that the reference shall 
                                              be to three arbitrators, however 
                                              appointed, the award of any two of 
                                              the arbitrators shall be binding.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 14&#8212;Power of Court to 
                                              Appoint an Arbitrator or Umpire.</span></b></p> 
                                              <p> 
                                              <span> 
                                              In any of the following cases:&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) where an arbitration agreement 
                                              provides that the reference shall 
                                              be to a single arbitrator to be 
                                              appointed by agreement between the 
                                              parties, and the parties do not, 
                                              after differences have arisen, 
                                              agree on the appointment of an 
                                              arbitrator;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) where an arbitration agreement 
                                              provides that an arbitrator or an 
                                              umpire is to be appointed by some 
                                              person other than the parties to 
                                              the agreement, and in the case of 
                                              an umpire, other than the 
                                              arbitrators, and that person does 
                                              not or cannot appoint the 
                                              arbitrator or the umpire;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) if an appointed arbitrator 
                                              refuses to act, or is incapable of 
                                              acting, or dies, and the 
                                              arbitration agreement does not 
                                              show that it was intended that the 
                                              vacancy should not be supplied and 
                                              the parties do not supply the 
                                              vacancy;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) where the parties or two 
                                              arbitrators are at liberty to 
                                              appoint an umpire or third 
                                              arbitrator and do not appoint him, 
                                              or where two arbitrators are 
                                              required to appoint an umpire and 
                                              do not appoint him;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) where an appointed umpire or 
                                              third arbitrator refuses to act, 
                                              or is incapable of acting, or 
                                              dies, and the arbitration 
                                              agreement does not show that it 
                                              was intended that the vacancy 
                                              should not be supplied, and the 
                                              parties or arbitrators do not 
                                              supply the vacancy;</span></p> 
                                              <p> 
                                              <span> 
                                              any party may serve the other 
                                              parties, or the arbitrators, as 
                                              the case may be, with a written 
                                              notice to appoint or, as the case 
                                              may be, concur in appointing, an 
                                              arbitrator, umpire or third 
                                              arbitrator, and if the appointment 
                                              is not made within seven clear 
                                              days after the service of the 
                                              notice, the Court may, on 
                                              application by the party who gave 
                                              the notice, appoint an arbitrator, 
                                              umpire or third arbitrator who 
                                              shall have the like powers to act 
                                              in the reference and make an award 
                                              as if he had been appointed in the 
                                              manner provided in the agreement.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Conduct and Proceedings</span></i></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 15&#8212;Evidence.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Unless a contrary intention is 
                                              expressed therein, every 
                                              arbitration agreement shall, where 
                                              such a provision is applicable to 
                                              the reference, be deemed to 
                                              contain a provision that the 
                                              parties to the reference, and all 
                                              persons claiming through them, 
                                              shall, subject to any legal 
                                              objection, submit to be examined 
                                              by the arbitrator or umpire, on 
                                              oath, in relation to the matter in 
                                              dispute, and shall, subject as 
                                              aforesaid, produce before the 
                                              arbitrator or umpire all documents 
                                              within their possession or power 
                                              respectively which may be required 
                                              or called for, and do all other 
                                              things which during the 
                                              proceedings on the reference, the 
                                              arbitrator or umpire may require.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Unless a contrary intention is 
                                              expressed therein, every 
                                              arbitration agreement shall, where 
                                              such a provision is applicable to 
                                              the reference, be deemed to 
                                              contain a provision that the 
                                              witnesses on the reference shall, 
                                              if the arbitrator or umpire thinks 
                                              fit, be examined on oath.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 16&#8212;Powers of Court.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) The Court, may on the 
                                              application of any party to an 
                                              arbitration, order the attendance 
                                              before any arbitrator or umpire, 
                                              of a witness wherever he may be 
                                              within Ghana; or that a prisoner 
                                              be brought for examination before 
                                              any arbitrator or umpire; but no 
                                              person shall be compelled to 
                                              produce any document which he 
                                              could not be compelled to produce 
                                              on the trial of an action in the 
                                              High Court.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) The Court shall have for the 
                                              purpose of and in relation to a 
                                              reference, the same power as it 
                                              has in relation to an action to 
                                              make orders in respect of&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) security for costs;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) discovery of documents and 
                                              interrogatories;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) the giving of evidence by 
                                              affidavit;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) examination on oath of any 
                                              witness before an officer of the 
                                              Court or any other person, and the 
                                              issue of a Commission or request 
                                              for the examination of a witness 
                                              out of the jurisdiction;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) the preservation, interim 
                                              custody or sale of any goods which 
                                              are the subject matter of the 
                                              reference;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (f) securing the amount in dispute 
                                              in the reference;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (g) the detention, preservation or 
                                              inspection of any property or 
                                              thing which is the subject of the 
                                              reference or as to which any 
                                              question may arise therein, and 
                                              authorising for any of those 
                                              purposes any persons to enter upon 
                                              or into any land or building in 
                                              the possession of any party to the 
                                              reference, or authorising any 
                                              samples to be taken or any 
                                              observation to be made or 
                                              experiment to be tried which may 
                                              be necessary or expedient for the 
                                              purpose of obtaining full 
                                              information or evidence; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (h) interim injunctions or the 
                                              appointment of a receiver.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) This section is without 
                                              prejudice to any power which may 
                                              be vested in an arbitrator or 
                                              umpire to make orders with respect 
                                              to any matter.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Provisions as to Awards</span></i></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 17&#8212;Time for Making Award.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) The time, if any, limited for 
                                              making an award, whether under 
                                              this Act or otherwise, may be 
                                              enlarged by order of the Court 
                                              whether that time has expired or 
                                              not.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Subject to subsection (1) and 
                                              to the arbitration agreement, an 
                                              arbitrator or umpire may make an 
                                              award at any time.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) The Court may, on the 
                                              application of any party to a 
                                              reference, remove an arbitrator or 
                                              umpire who fails to use all 
                                              reasonable dispatch in entering on 
                                              and proceeding with the reference 
                                              and making an award, and an 
                                              arbitrator or umpire who is 
                                              removed by the Court under this 
                                              subsection shall not be entitled 
                                              to receive any remuneration in 
                                              respect of his services. For the 
                                              purposes of this subsection the 
                                              expression &quot;proceeding with a 
                                              reference&quot; includes in a case 
                                              where two arbitrators are unable 
                                              to agree, giving notice of that 
                                              fact to the parties and to the 
                                              umpire.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 18&#8212;Interim Awards.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Unless a contrary intention is 
                                              expressed therein, every 
                                              arbitration agreement shall, where 
                                              such a provision is applicable to 
                                              the reference, be deemed to 
                                              contain a provision that the 
                                              arbitrator or umpire may, if he 
                                              thinks fit, make an interim award, 
                                              and any reference in this Part to 
                                              an award includes a reference to 
                                              an interim award.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 19&#8212;Specific Performance, 
                                              Injunction and Rectification.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Unless a contrary intention is 
                                              expressed therein every 
                                              arbitration agreement shall, where 
                                              such a provision is applicable to 
                                              the reference, be deemed to 
                                              contain a provision that the 
                                              arbitrator or umpire shall have 
                                              the same power as the Court to 
                                              order specific performance of any 
                                              contract, other than a contract 
                                              relating to land, or to grant an 
                                              injunction or to rectify a written 
                                              contract.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 20&#8212;Awards to be Final.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Unless a contrary intention is 
                                              expressed therein, every 
                                              arbitration agreement shall, where 
                                              such a provision is applicable to 
                                              the reference, be deemed to 
                                              contain a provision that the award 
                                              to be made by the arbitrator or 
                                              umpire shall be final and binding 
                                              on the parties and the persons 
                                              claiming through them.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 21&#8212;Power to Correct Slips.</span></b></p> 
                                              <p> 
                                              <span> 
                                              The arbitrator or umpire may 
                                              correct in an award any clerical 
                                              mistake or error arising from any 
                                              accidental slips or omission, 
                                              unless a contrary intention is 
                                              expressed in the arbitration 
                                              agreement.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Costs and Fees</span></i></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 22&#8212;Costs.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Unless a contrary intention is 
                                              expressed therein, every 
                                              arbitration agreement shall be 
                                              deemed to include a provision that 
                                              the costs of the reference and 
                                              award shall be in the discretion 
                                              of the arbitrator or umpire, who 
                                              may direct to and by whom and in 
                                              what manner those costs or any 
                                              part thereof shall be paid and may 
                                              tax or settle the amount of costs 
                                              to be paid or any part thereof, or 
                                              may direct that any costs directed 
                                              to be paid shall be taxable by a 
                                              taxing officer of the Court.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Any provision in an 
                                              arbitration agreement to the 
                                              effect that the parties or any 
                                              parties thereto shall in any event 
                                              pay their or his own costs of the 
                                              reference or award or any part 
                                              thereof is&nbsp; void, unless the 
                                              provision is part of an agreement 
                                              to submit to arbitration a dispute 
                                              which arose before the making of 
                                              that agreement.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) If no provision is made by an 
                                              award with respect to the costs of 
                                              the reference, any party to the 
                                              reference may, within one month of 
                                              the publication of the award or 
                                              such further time as the Court may 
                                              direct, apply to the arbitrator 
                                              for an order directing by and to 
                                              whom those costs shall be paid, 
                                              and thereupon, the arbitrator 
                                              shall, after hearing any party who 
                                              may desire to be heard, amend his 
                                              award by adding thereto such 
                                              directions as he may think proper 
                                              with respect to the payment of the 
                                              costs of the reference.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 23&#8212;Arbitrator's or 
                                              Umpire's Fees.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) If in any case an arbitrator 
                                              or umpire refuses to deliver his 
                                              award except on payment of the 
                                              fees demanded by him, the Court 
                                              may, on an application for the 
                                              purpose, order that the arbitrator 
                                              or umpire shall deliver the award 
                                              to the applicant on payment by the 
                                              applicant to the arbitrator or 
                                              umpire of such fee as the Court 
                                              thinks reasonable.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) An application for the 
                                              purposes of this section may be 
                                              made by any party to a reference 
                                              unless the fees demanded have been 
                                              fixed by a written agreement 
                                              between him and the arbitrator or 
                                              umpire.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) The arbitrator or umpire shall 
                                              be entitled to appear and be heard 
                                              on any application under this 
                                              section.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Case Stated, Remission and other 
                                              Relief</span></i></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 24&#8212;Statement of Case.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) An arbitrator or umpire may, 
                                              and shall if so directed by the 
                                              Court state&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) any question of law arising in 
                                              the course of the reference; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) an award or any part of an 
                                              award in the form of a special 
                                              case for the decision of the 
                                              Court.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) A special case with respect to 
                                              an interim award or with respect 
                                              to a question of law arising in 
                                              the course of a reference may be 
                                              stated, or may be directed by the 
                                              Court to be stated, 
                                              notwithstanding that proceedings 
                                              under the reference are still 
                                              pending.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) A decision of the Court under 
                                              this section shall be deemed to be 
                                              a decision of the Court sitting in 
                                              its original jurisdiction within 
                                              the meaning of any enactment 
                                              relating to appeals from its 
                                              decisions.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 25&#8212;Power to Remit Award.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) In all cases of reference to 
                                              arbitration the Court may remit 
                                              the matters referred, or any of 
                                              them, to the reconsideration of 
                                              the arbitrator or umpire.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Where an award is remitted, 
                                              the arbitrator or umpire shall, 
                                              unless the order otherwise 
                                              directs, make his award within 
                                              three months after the date of the 
                                              order.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 26&#8212;Removal of Arbitrator 
                                              and Setting Aside of Award.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Where an arbitrator or umpire 
                                              has misconducted himself or the 
                                              proceedings, the Court may remove 
                                              him, or set aside an award, or 
                                              both.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Where an award has been 
                                              improperly procured the Court may 
                                              set it aside.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) Where an application is made 
                                              to set aside an award, the Court 
                                              may order that any money made 
                                              payable by the award shall be 
                                              brought into Court or otherwise 
                                              secured pending the determination 
                                              of the application.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 27&#8212;Power of Court to give 
                                              Relief where Arbitrator is not 
                                              Impartial or the Dispute Involves 
                                              Questions of Fraud.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Where an agreement between any 
                                              parties provides that differences 
                                              which may arise in the future 
                                              between them shall be referred to 
                                              an arbitrator named or designated 
                                              in the agreement, and after a 
                                              difference has arisen any party 
                                              applies, on the ground that the 
                                              arbitrator so named or designated 
                                              is not or may not be impartial, 
                                              for leave to revoke the authority 
                                              of the arbitrator or for an 
                                              injunction to restrain any other 
                                              party or the arbitrator from 
                                              proceeding with the arbitration, 
                                              it shall not be a ground for 
                                              refusing the application that the 
                                              said party at the time when he 
                                              made the agreement knew, or ought 
                                              to have known, that the 
                                              arbitrator, by reason of his 
                                              relation towards any other party 
                                              to the agreement, or of his 
                                              connection with the subject 
                                              referred, might not be capable of 
                                              impartiality.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Where an agreement between any 
                                              parties provides that differences 
                                              which may arise in the future 
                                              between them shall be referred to 
                                              arbitration, and a difference 
                                              which so arises involves the 
                                              question whether any such party 
                                              has been guilty of fraud, the 
                                              Court shall, so far as may be 
                                              necessary to enable that question 
                                              to be determined by the Court, 
                                              have power to order that the 
                                              agreement shall cease to have 
                                              effect and power to give leave to 
                                              revoke the authority of any 
                                              arbitrator or umpire appointed by 
                                              or by virtue of the agreement.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) In any case where by virtue of 
                                              this section the Court has power 
                                              to order that an arbitration 
                                              agreement shall cease to have 
                                              effect or to give leave to revoke 
                                              the authority of an arbitrator or 
                                              umpire, the Court may refuse to 
                                              stay any action brought in breach 
                                              of the agreement.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 28&#8212;Power of Court where 
                                              Arbitrator is Removed or Authority 
                                              of Arbitrator is&nbsp; Revoked.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Where an arbitrator (not being 
                                              a sole arbitrator) or two or more 
                                              arbitrators (not being all the 
                                              arbitrators) or an umpire who has 
                                              not entered on the reference, is 
                                              or are removed by the Court, the 
                                              Court may, on the application of 
                                              any party to the arbitration 
                                              agreement, appoint a person or 
                                              persons to act as arbitrator or 
                                              arbitrators or umpire in place of 
                                              the person or persons so removed.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Where the authority of an 
                                              arbitrator or arbitrators or 
                                              umpire is revoked by leave of the 
                                              Court, or a sole arbitrator or all 
                                              the arbitrators or an umpire who 
                                              has entered on the reference is or 
                                              are removed by the Court, the 
                                              Court may, on the application of 
                                              any party to the arbitration 
                                              agreement, either&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) appoint a person to act as 
                                              sole arbitrator in place of the 
                                              person or persons removed; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) order that the arbitration 
                                              agreement shall cease to have 
                                              effect with respect to the 
                                              difference referred.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) A person appointed under this 
                                              section by the Court as an 
                                              arbitrator or umpire shall have 
                                              the like power to act in the 
                                              reference and to make an award as 
                                              if he had been appointed in 
                                              accordance with the terms of the 
                                              arbitration agreement.</span></p> 
                                              <p> 
                                              <span> 
                                              (4) Where it is provided (whether 
                                              in the arbitration agreement or 
                                              otherwise) that an award under an 
                                              arbitration agreement shall be a 
                                              condition precedent to the 
                                              bringing of an action with respect 
                                              to any matter to which the 
                                              agreement applies, the Court, if 
                                              it orders that the agreement shall 
                                              cease to have effect as regards 
                                              any particular difference may 
                                              further order that the provision 
                                              making an award a condition 
                                              precedent to the bringing of an 
                                              action shall also cease to have 
                                              effect as regards that difference.</span></p> 
                                              <p>&nbsp;</p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 29&#8212;Enforcement of Award.</span></b></p> 
                                              <p> 
                                              <span> 
                                              An award on an arbitration 
                                              agreement may, by leave of the 
                                              Court, be enforced in the same 
                                              manner as a judgment or order to 
                                              the same effect and, where leave 
                                              is so given, judgment may be 
                                              entered in terms of the award.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 30&#8212;Power of Court to 
                                              Extend Time for Commencing 
                                              Arbitration Proceedings.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Where the terms of an agreement to 
                                              refer future differences to 
                                              arbitration provide that any 
                                              claims to which the agreement 
                                              applies shall be barred unless 
                                              notice to appoint an arbitrator is 
                                              given or an arbitrator is 
                                              appointed or some other step to 
                                              commence arbitration proceedings 
                                              is taken within a time fixed by 
                                              the agreement, and a difference 
                                              arises to which the agreement 
                                              applies, the Court, if it is of 
                                              opinion that in the circumstances 
                                              of the case undue hardship would 
                                              otherwise be caused, and 
                                              notwithstanding that the time so 
                                              fixed has expired, may extend the 
                                              time for such period as it thinks 
                                              proper, but without prejudice to 
                                              the law relating to the limitation 
                                              of actions.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 31&#8212;Terms as to Costs, etc.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Any order made under this Part may 
                                              be made on such terms as to costs 
                                              or otherwise as the authority 
                                              making the order thinks just.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Awards by Consent</span></i></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 32&#8212;Awards by Consent.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) At any time after the 
                                              commencement of an arbitration and 
                                              before an award is made, an award 
                                              by consent may be made for money 
                                              due, or to become due on a 
                                              specified date.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) An award by consent shall be 
                                              enforceable in accordance with 
                                              section 29 of this Act if the 
                                              provisions of this section are 
                                              complied with.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) A written statement must be 
                                              made and signed by each party to 
                                              the arbitration stating:&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) the amount for which an award 
                                              may be made;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) whether the money is due and 
                                              if not the date on which it will 
                                              become due; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) briefly the facts on which the 
                                              liability is based, which must 
                                              show that the money is legally due 
                                              or will become due on the date 
                                              specified.</span></p> 
                                              <p> 
                                              <span> 
                                              (4) At any time within three 
                                              months after a written statement 
                                              made under subsection (3) of this 
                                              section has been signed by the 
                                              parties, it may be submitted to 
                                              the arbitrator who may thereupon 
                                              make an award of the money stated 
                                              therein to be due or to become 
                                              due.</span></p> 
                                              <p> 
                                              <span> 
                                              (5) Where the arbitrator has not 
                                              been appointed and the arbitration 
                                              agreement provides that the 
                                              arbitrator is to be appointed by 
                                              some person other than the parties 
                                              to the agreement a written 
                                              statement made under subsection 
                                              (3) of this section may be 
                                              submitted to the person who is 
                                              given the power to appoint the 
                                              arbitrator by the agreement and 
                                              that person shall thereupon have 
                                              the same power to make an award by 
                                              consent as an arbitrator.</span></p> 
                                              <p> 
                                              <span> 
                                              (6) Where a difference has been 
                                              submitted to two arbitrators who 
                                              are unable to agree upon an award 
                                              and the difference is thereupon to 
                                              be submitted to an umpire an award 
                                              by consent may be made by the 
                                              umpire if he has been appointed, 
                                              or by the arbitrators in any other 
                                              case.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Application and Extent</span></i></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 33&#8212;Application of Part II 
                                              to Statutory Arbitrations.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Subject to section 34 of this Act, 
                                              this Part shall apply to every 
                                              arbitration under any other 
                                              enactment (whether made before or 
                                              after this Act) as if the 
                                              arbitration were pursuant to an 
                                              arbitration agreement and as if 
                                              that enactment were an arbitration 
                                              agreement, except insofar as this 
                                              Act is inconsistent with that 
                                              other Act or with any rules or 
                                              procedure authorised or recognised 
                                              thereby.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 34&#8212;Operation of Part II.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) This Part applies to an 
                                              arbitration commenced after the 
                                              commencement of this Act under an 
                                              agreement made before such 
                                              commencement but does not apply to 
                                              an arbitration commenced before 
                                              the commencement of this Act.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) For the purposes of this Part 
                                              an arbitration shall be deemed to 
                                              be commenced when one party to the 
                                              arbitration agreement serves on 
                                              the other party or parties a 
                                              notice requiring him or them to 
                                              appoint or concur in appointing an 
                                              arbitrator, or, when the 
                                              arbitration agreement provides 
                                              that the reference shall be to a 
                                              person named or designated in the 
                                              agreement, requiring him or them 
                                              to submit the dispute to the 
                                              person so named or designated.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 35&#8212;Extent of Part II.</span></b></p> 
                                              <p> 
                                              <span> 
                                              This Part applies to any 
                                              arbitration agreement governed by 
                                              the law of the Republic and to any 
                                              award made in the Republic in 
                                              pursuance of such an agreement, 
                                              but this shall be without 
                                              prejudice to the power of any 
                                              arbitrator or umpire to determine 
                                              whether an arbitration agreement 
                                              is governed by the law of the 
                                              Republic or not.</span></p> 
                                              <p> 
                                              <span> 
                                              PART III&#8212;FOREIGN AWARDS</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 36&#8212;Awards to Which Part 
                                              III Applies.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) This Part applies to any award 
                                              made after the commencement of 
                                              this Act in any reciprocating 
                                              State, and to any award made in 
                                              the Republic in pursuance of an 
                                              arbitration agreement not governed 
                                              by the law of the Republic, and an 
                                              award to which this Part applies 
                                              is in this Part referred to as &quot;a 
                                              foreign award&quot;.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) In this section &quot;reciprocating 
                                              State&quot; means a State declared by 
                                              the President by legislative 
                                              instrument to be a party to the 
                                              Convention set out in the Schedule 
                                              to this Act or any other State to 
                                              which this Part is, by legislative 
                                              instrument, applied by the 
                                              President on the basis of 
                                              reciprocity.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 37&#8212;Effect of Foreign 
                                              Awards.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) A foreign award shall, subject 
                                              to this Part, be enforceable 
                                              either by action or in the same 
                                              manner as the award of an 
                                              arbitrator is enforceable by 
                                              virtue of section 29 of this Act.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Any foreign award which would 
                                              be enforceable under this Part 
                                              shall be treated as binding for 
                                              all purposes on the persons as 
                                              between whom it was made, and may 
                                              accordingly be relied on by any of 
                                              those persons by way of defence, 
                                              set off or otherwise in any legal 
                                              proceedings, and any references in 
                                              this Part to enforcing a foreign 
                                              award shall be construed as 
                                              including references to relying on 
                                              an award.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 38&#8212;Evidence.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) The party seeking to enforce a 
                                              foreign award must produce&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) the original award or a copy 
                                              thereof duly authenticated in the 
                                              manner required by the law of the 
                                              country in which it was made; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) the agreement pursuant to 
                                              which the award was made or a copy 
                                              thereof duly authenticated in the 
                                              manner required by the law of the 
                                              country in which it was made or in 
                                              such other manner as may be 
                                              sufficient according to the law of 
                                              Ghana.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) In any case where any document 
                                              required to be produced under 
                                              subsection (1) of this section is 
                                              not in the English language, it 
                                              shall be the duty of the party 
                                              seeking to enforce the award to 
                                              produce a translation in the 
                                              English language certified as 
                                              correct by a diplomatic or 
                                              consular agent of the country to 
                                              which that party belongs or 
                                              certified as correct in such other 
                                              manner as may be sufficient 
                                              according to the law of Ghana.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 39&#8212;Defences to Foreign 
                                              Awards.</span></b></p> 
                                              <p> 
                                              <span> 
                                              The Court may refuse to enforce a 
                                              foreign award in the circumstances 
                                              and subject to the conditions 
                                              specified in Articles V and VI of 
                                              the Convention set out in the 
                                              Schedule.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 40&#8212;Staying Court 
                                              Proceedings.</span></b></p> 
                                              <p> 
                                              <span> 
                                              If any party to an agreement to 
                                              which the Convention set out in 
                                              the Schedule to this Act applies, 
                                              or any person claiming through 
                                              him, commences any legal 
                                              proceedings in any court against 
                                              any other party to the agreement, 
                                              or any person claiming through 
                                              him, in respect of any matter 
                                              agreed to be referred, any party 
                                              to those legal proceedings may at 
                                              any time after service of the writ 
                                              of summons and before the date 
                                              fixed for hearing, apply to that 
                                              court to stay the proceedings, and 
                                              that court unless satisfied that 
                                              the agreement is null and void, 
                                              inoperative or incapable of being 
                                              performed, shall make an order 
                                              staying the proceedings.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 41&#8212;Saving for Other 
                                              Rights.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Nothing in this Part shall 
                                              prejudice any rights which any 
                                              person would have had of enforcing 
                                              any award or of availing himself 
                                              of any award if neither this Part 
                                              nor the Arbitration (Foreign 
                                              Awards) Ordinance (Cap. 17) had 
                                              been enacted.</span></p> 
                                              <p> 
                                              <span> 
                                              PART IV&#8212;MISCELLANEOUS PROVISIONS</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 42&#8212;Court.</span></b></p> 
                                              <p> 
                                              <span> 
                                              In this Act, except sections 8 and 
                                              40, &quot;the Court&quot; means the High 
                                              Court.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 43&#8212;Repeals.</span></b></p> 
                                              <p> 
                                              <span> 
                                              The Arbitration Ordinance (Cap. 
                                              16) and the Arbitration (Foreign 
                                              Awards) Ordinance (Cap. 17) are 
                                              repealed.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 44&#8212;Construction of 
                                              Instruments.</span></b></p> 
                                              <p> 
                                              <span> 
                                              An agreement or any other 
                                              instrument which refers to an 
                                              enactment hereby repealed shall, 
                                              in regard to matters arising after 
                                              the passing of this Act, be 
                                              construed, unless provision is 
                                              made to the contrary, as if the 
                                              reference were to this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 45&#8212;Commencement.</span></b></p> 
                                              <p> 
                                              <span> 
                                              This Act shall come into operation 
                                              on such day as the President by 
                                              legislative instrument may order.</span></p> 
                                              <p> 
                                              <span> 
                                              SCHEDULE</span></p> 
                                              <p> 
                                              <span> 
                                              Sections 39 and 40.</span></p> 
                                              <p> 
                                              <span> 
                                              The United Nations Convention on 
                                              the Recognition and Enforcement of 
                                              Foreign Arbitral Awards adopted at 
                                              the Headquarters of the United 
                                              Nations in New York on June 10, 
                                              1958.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Article I</span></i></p> 
                                              <p> 
                                              <span> 
                                              1. This Convention shall apply to 
                                              the recognition and enforcement of 
                                              arbitral awards made in the 
                                              territory of a State other than 
                                              the State where the recognition 
                                              and enforcement of such awards are 
                                              sought, and arising out of 
                                              differences between persons, 
                                              whether physical or legal. It 
                                              shall also apply to arbitral 
                                              awards not considered as domestic 
                                              awards in the State where their 
                                              recognition and enforcement are 
                                              sought.</span></p> 
                                              <p> 
                                              <span> 
                                              2. The term &quot;arbitral awards&quot; 
                                              shall include not only awards made 
                                              by arbitrators appointed for each 
                                              case but also those made by 
                                              permanent arbitral bodies to which 
                                              the parties have submitted.</span></p> 
                                              <p> 
                                              <span> 
                                              3. When signing, ratifying or 
                                              acceding to this Convention, or 
                                              notifying extension under Article 
                                              X hereof, any State may on the 
                                              basis of reciprocity declare that 
                                              it will apply the Convention to 
                                              the recognition and enforcement of 
                                              awards made only in the territory 
                                              of another Contracting State. It 
                                              may also declare that it will 
                                              apply the Convention only to 
                                              differences arising out of legal 
                                              relationships whether contractual 
                                              or not, which are considered as 
                                              commercial under the national law 
                                              of the State making such 
                                              declaration.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Article II</span></i></p> 
                                              <p> 
                                              <span> 
                                              1. Each Contracting State shall 
                                              recognise an agreement in writing 
                                              under which the parties undertake 
                                              to submit to arbitration all or 
                                              any differences which have arisen 
                                              or which may arise between them in 
                                              respect of a defined legal 
                                              relationship, whether contractual 
                                              or not, concerning a subject 
                                              matter capable of settlement by 
                                              arbitration.</span></p> 
                                              <p> 
                                              <span> 
                                              2. The term &quot;agreement in writing&quot; 
                                              shall include an arbitral clause 
                                              in a contract or an arbitration 
                                              agreement, signed by the parties 
                                              or contained in an exchange of 
                                              letters or telegrams.</span></p> 
                                              <p> 
                                              <span> 
                                              3. The court of a Contracting 
                                              State, when seized of an action in 
                                              a matter in respect of which the 
                                              parties have made an agreement 
                                              within the meaning of this 
                                              article, shall, at the request of 
                                              one of the parties, refer the 
                                              parties to arbitration, unless it 
                                              finds that the said agreement is 
                                              null and void, inoperative or 
                                              incapable of being performed.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Article III</span></i></p> 
                                              <p> 
                                              <span> 
                                              Each Contracting State shall 
                                              recognise arbitral awards as 
                                              binding and enforce them in 
                                              accordance with the rules of 
                                              procedure of the territory where 
                                              the award is relied upon, under 
                                              the conditions laid down in the 
                                              following articles. There shall 
                                              not be imposed substantially more 
                                              onerous conditions or higher fees 
                                              or charges on the recognition or 
                                              enforcement of arbitral awards to 
                                              which this Convention applies than 
                                              are imposed on the recognition or 
                                              enforcement of domestic arbitral 
                                              awards.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Article IV</span></i></p> 
                                              <p> 
                                              <span> 
                                              1. To obtain the recognition and 
                                              enforcement mentioned in the 
                                              preceding article, the party 
                                              applying for recognition and 
                                              enforcement shall, at the time of 
                                              the application, supply:</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) the duly authenticated 
                                              original award or a duly certified 
                                              copy thereof;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) the original agreement 
                                              referred to in article II or a 
                                              duly certified copy thereof.</span></p> 
                                              <p> 
                                              <span> 
                                              2. If the said award or agreement 
                                              is not made in an official 
                                              language of the country in which 
                                              the award is relied upon, the 
                                              party applying for recognition and 
                                              enforcement of the award shall 
                                              produce a translation of these 
                                              documents into such language. The 
                                              translation shall be certified by 
                                              an official or sworn translator or 
                                              by a diplomatic or consular agent.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Article V</span></i></p> 
                                              <p> 
                                              <span> 
                                              1. Recognition and enforcement of 
                                              the award may be refused, at the 
                                              request of the party against whom 
                                              it is invoked, only if that party 
                                              furnishes to the competent 
                                              authority where the recognition 
                                              and enforcement is sought, proof 
                                              that:</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) The parties to the agreement 
                                              referred to in Article II were, 
                                              under the law applicable to them, 
                                              under some incapacity, or the said 
                                              agreement is not valid under the 
                                              law to which the parties have 
                                              subjected it or, failing any 
                                              indication thereon, under the law 
                                              of the country where the award was 
                                              made; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) The party against whom the 
                                              award is invoked was not given 
                                              proper notice of the appointment 
                                              of the arbitrator or of the 
                                              arbitration proceedings or was 
                                              otherwise unable to present his 
                                              case; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) The award deals with a 
                                              difference 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</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) The composition of the 
                                              arbitral authority 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 country where the arbitration 
                                              took place; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) 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, that award was made.</span></p> 
                                              <p> 
                                              <span> 
                                              2. Recognition and enforcement of 
                                              an arbitral award may also be 
                                              refused if the competent authority 
                                              in the country where recognition 
                                              and enforcement is sought finds 
                                              that:</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) The subject matter of the 
                                              difference is not capable of 
                                              settlement by arbitration under 
                                              the law of that country;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) The recognition or enforcement 
                                              of the award would be contrary to 
                                              the public policy of that country.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Article VI</span></i></p> 
                                              <p> 
                                              <span> 
                                              If an application for the setting 
                                              aside or suspension of the award 
                                              has been made to a competent 
                                              authority referred to in article V 
                                              (1) (e), the authority before 
                                              which the award is sought to be 
                                              relied upon may, if it considers 
                                              it proper, adjourn the decision on 
                                              the enforcement of the award and 
                                              may also, on the application of 
                                              the party claiming enforcement of 
                                              the award, order the other party 
                                              to give suitable security.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Article VII</span></i></p> 
                                              <p> 
                                              <span> 
                                              1. The provisions of the present 
                                              Convention shall not affect the 
                                              validity of multilateral or 
                                              bilateral agreements concerning 
                                              the recognition and enforcement of 
                                              arbitral awards entered into by 
                                              the Contracting States nor deprive 
                                              any interested party of any right 
                                              he may have to avail himself of an 
                                              arbitral award in the manner and 
                                              to the extent allowed by the law 
                                              or the treaties of the country 
                                              where such award is sought to be 
                                              relied upon.</span></p> 
                                              <p> 
                                              <span> 
                                              2. The Geneva Protocol on 
                                              Arbitration Clauses of 1923 and 
                                              the Geneva Convention on the 
                                              Execution of Foreign Arbitral 
                                              Awards of 1927 shall cease to have 
                                              effect between Contracting States 
                                              on their becoming bound and to the 
                                              extent that they become bound, by 
                                              this Convention.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Article VIII</span></i></p> 
                                              <p> 
                                              <span> 
                                              1. This Convention shall be open 
                                              until 31 December 1958 for 
                                              signature on behalf of any Member 
                                              of the United Nations and also on 
                                              behalf of any other State which is 
                                              or hereafter becomes a member of 
                                              any specialised agency of the 
                                              United Nations, or which is or 
                                              hereafter becomes a party to the 
                                              Statute of the International Court 
                                              of Justice, or any other State to 
                                              which an invitation has been 
                                              addressed by the General Assembly 
                                              of the United Nations.</span></p> 
                                              <p> 
                                              <span> 
                                              2. This Convention shall be 
                                              ratified and the instrument of 
                                              ratification shall be deposited 
                                              with the Secretary-General of the 
                                              United Nations.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Article IX</span></i></p> 
                                              <p> 
                                              <span> 
                                              1. This Convention shall be open 
                                              for accession to all States 
                                              referred to in article VIII.</span></p> 
                                              <p> 
                                              <span> 
                                              2. Accession shall be affected by 
                                              the deposit of an instrument of 
                                              accession with the 
                                              Secretary-General of the United 
                                              Nations.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Article X</span></i></p> 
                                              <p> 
                                              <span> 
                                              1. Any State may, at the time of 
                                              signature, ratification or 
                                              accession, declare that this 
                                              Convention shall extend to all or 
                                              any of the territories for the 
                                              international relations of which 
                                              it is responsible. Such a 
                                              declaration shall take effect when 
                                              the Convention enters into force 
                                              for the State concerned.</span></p> 
                                              <p> 
                                              <span> 
                                              2. At any time thereafter any such 
                                              extension shall be made by 
                                              notification addressed to the 
                                              Secretary-General of the United 
                                              Nations and shall take effect as 
                                              from the ninetieth day after the 
                                              day of receipt by the 
                                              Secretary-General of the United 
                                              Nations of this notification, or 
                                              as from the date of entry into 
                                              force of the Convention for the 
                                              State concerned whichever is the 
                                              later.</span></p> 
                                              <p> 
                                              <span> 
                                              3. With respect to those 
                                              territories to which this 
                                              Convention is not extended at the 
                                              time of signature, ratification or 
                                              accession, each State concerned 
                                              shall consider the possibility of 
                                              taking the necessary steps in 
                                              order to extend the application of 
                                              this Convention to such 
                                              territories, subject, where 
                                              necessary for constitutional 
                                              reasons, to the consent of the 
                                              Governments of such territories.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Article XI</span></i></p> 
                                              <p> 
                                              <span> 
                                              1. In the case of a federal or 
                                              non-unitary State, the following 
                                              provisions shall apply:</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) With respect to those articles 
                                              of this Convention that come 
                                              within the legislative 
                                              jurisdiction of the federal 
                                              authority, the obligations of the 
                                              federal Government shall to this 
                                              extent be the same as those of 
                                              Contracting States which are not 
                                              federal States;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) With respect to those articles 
                                              of this Convention that come 
                                              within the legislative 
                                              jurisdiction of constituent states 
                                              or provinces which are not, under 
                                              the constitutional system of the 
                                              federation, bound to take 
                                              legislative action, the federal 
                                              Government shall bring such 
                                              articles with a favourable 
                                              recommendation to the notice of 
                                              the appropriate authorities of 
                                              constituent states or provinces at 
                                              the earliest possible moment;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) A federal State Party to this 
                                              Convention shall, at the request 
                                              of any other Contracting State 
                                              transmitted through the&nbsp; 
                                              Secretary-General of the United 
                                              Nations, supply a statement of the 
                                              law and practice of the federation 
                                              and its constituent units in 
                                              regard to any particular provision 
                                              of this Convention, showing the 
                                              extent to which effect has been 
                                              given to that provision by 
                                              legislative or other action.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Article XII</span></i></p> 
                                              <p> 
                                              <span> 
                                              1. This Convention shall come into 
                                              force on the ninetieth day 
                                              following the date of deposit of 
                                              the third instrument of 
                                              ratification or accession.</span></p> 
                                              <p> 
                                              <span> 
                                              2. For each State ratifying or 
                                              acceding to this Convention after 
                                              the deposit of the third 
                                              instrument of ratification or 
                                              accession, this Convention shall 
                                              enter into force on the ninetieth 
                                              day after deposit by such State of 
                                              its instrument of ratification or 
                                              accession.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Article XIII</span></i></p> 
                                              <p> 
                                              <span> 
                                              1. Any Contracting State may 
                                              denounce this Convention by a 
                                              written notification to the 
                                              Secretary-General of the United 
                                              Nations. Denunciation shall take 
                                              effect one year after the date of 
                                              receipt of the notification by the 
                                              Secretary-General.</span></p> 
                                              <p> 
                                              <span> 
                                              2. Any State which has made a 
                                              declaration or notification under 
                                              Article X may, at any time 
                                              thereafter, by notification to the 
                                              Secretary-General of the United 
                                              Nations, declare that this 
                                              Convention shall cease to extend 
                                              to the territory concerned one 
                                              year after the date of the receipt 
                                              of the notification by the 
                                              Secretary-General.</span></p> 
                                              <p> 
                                              <span> 
                                              3. This Convention shall continue 
                                              to be applicable to arbitral 
                                              awards in respect of which 
                                              recognition or enforcement 
                                              proceedings have been instituted 
                                              before the denunciation takes 
                                              effect.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Article XIV</span></i></p> 
                                              <p> 
                                              <span>A 
                                              Contracting State shall not be 
                                              entitled to avail itself of the 
                                              present Convention against other 
                                              Contracting States except to the 
                                              extent that it is itself bound to 
                                              apply the Convention.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Article XV</span></i></p> 
                                              <p> 
                                              <span> 
                                              The Secretary-General of the 
                                              United Nations shall notify the 
                                              States contemplated in article 
                                              VIII of the following:</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) Signature and ratifications in 
                                              accordance with article VIII;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) Accessions in accordance with 
                                              article IX;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) Declarations and notifications 
                                              under articles I, X and XI;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) The date upon which this 
                                              Convention enters into force in 
                                              accordance with article XII;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) Denunciations and 
                                              notifications in accordance with 
                                              article XIII.</span></p> 
                                              <p> 
                                              <i> 
                                              <span> 
                                              Article XVI</span></i></p> 
                                              <p> 
                                              <span> 
                                              1. This Convention, of which the 
                                              Chinese, English, French, Russian 
                                              and Spanish texts shall be equally 
                                              authentic, shall be deposited in 
                                              the archives of the United 
                                              Nations.</span></p> 
                                              <p> 
                                              <span> 
                                              2. The Secretary-General of the 
                                              United Nations shall transmit a 
                                              certified copy of this Convention 
                                              to the States contemplated in 
                                              article VIII.</span></p>