INVESTMENT DISPUTES (ENFORCEMENT OF AWARDS): SUBSIDIARY LEGISLATION
INVESTMENT DISPUTES (ENFORCEMENT OF AWARDS) RULES
under s. 6
G.N. 19/1969
These Rules may be cited as the Investment Disputes (Enforcement of Awards) Rules.
An application under section 4 of the Act for leave to have an Award registered shall be made ex parte or by summons to a judge of the High Court. If an application is made ex parte, the judge to whom it is made may direct a summons to be issued.
3. Documents to accompany application
An application under rule 2 shall be accompanied by—
(a) the copy of the Award in question duly certified as required by section 4 (2) (a) of the Act;
(b) an affidavit exhibiting the statement required under section 4 (2) (b) of the Act; and the statement, if any, required by section 4 (2) (c) of the Act.
4. Title of affidavit and summons
The affidavit and summons (if any) shall be entitled—
“In the Matter of the Investment Disputes (Enforcement of Awards) Act
and
In the Matter of an Award made in accordance with the Convention on the Settlement of Disputes between States and Nationals of other States dated 18th March, 1965, between
and
.”.
The summons (if any) for leave to register an Award shall be an originating summons and (unless otherwise ordered by a judge) be served in the same manner as a summons is required to be served. The party against whom the Award in question was made shall not be required to enter any appearance thereto.
An order giving leave to register an Award shall be drawn up by or on behalf of the party in whose favour it was made, and shall be served upon the party against whom it was made. Where the order is made on an ex parte application, no service of the order on the party against whom the Award was made shall be required.
A register of Awards ordered to be registered under the Act shall be kept in the Registry of the High Court. An Award shall be registered there in accordance with the order giving leave to register it.
Entries in the register shall be arranged in alphabetical order in the name of the party against whom each Award was made and there shall be shown in the register the date of the order for registration.
Notice in writing of the registration of the Award must be served on the party against whom the Award was made within a reasonable time after such registration. Such notice shall (in the absence of an order by the judge as to the mode of service thereof) be served on the party against whom an Award was made by personal service (with power to order substituted service or service out of the jurisdiction or both) as in the case of a summons, but the judge may at any stage of the proceedings authorize or direct some other mode of service and if he does so the service shall be effected in accordance with such authority or direction.
The notice of registration shall contain full particulars of the Award registered and of the order for such registration and shall state the name and address of the party in whose favour the Award was given or of his legal practitioner or agent.
The fees set out in the Schedule shall be payable in respect of the registration of Awards under these Rules.
r. 11
SCHEDULE
|
|
£ |
s |
d |
|
On filing an application for leave to have an Award registered whether made ex parte or by summons |
2 |
0 |
0 |
|
On filing an affidavit in support |
|
10 |
0 |
|
On the order for registration |
1 |
0 |
0 |
|
|
The same fee as on a judgment of the High Court. |
||
|
Other fees the same as those payable in the High Court. |
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