34.
| (1) Recognition or enforcement of a foreign arbitral award, irrespective of the country in which it was made, may be refused only
| | (a) on the objection of the party against whom it is invoked, if that party furnishes to the Court where recognition or enforcement is sought, proof that
| | | (i) a party to the arbitration agreement was under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it, or failing any indication as to the low to which the parties have subjected such agreement, under the law of the country where the award was made ; or |
| (ii) the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceeding or was otherwise unable to present his case ; or |
| (iii) the award deal) with the dispute 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 : |
| (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, in the absence of such agreement, was not in accordance with the law of the country where the arbitration took place; or |
| (v) the award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which. that award was made ; or |
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| | (b) if the Court fines that
| | | (i) the subject matter of the dispute is not capable of settlement by arbitration under the law of Sri Lanka ; or |
| (ii) the recognition or enforcement of the award would be contrary to the public policy of Sri Lanka. |
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| (2) If an application for setting aside of suspension of an award has been made to a court on the ground referred to in sub-paragraph (v) of paragraph (a) of subsection (1) of this section, the court where recognition or enforcement is sought may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security. |
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Sri Lanka Consolidated Acts