Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 3262

Commercial arbitration—endorsement and service of application for enforcement

    (1)     An application under the href="http://www.legislation.act.gov.au/a/2017-7/default.asp" title="Commercial Arbitration Act 2017">Commercial Arbitration Act

, section 35 (Recognition and enforcement) to enforce an arbitral award must—

        (a)     be endorsed with a statement that the person on whom the application is served may, before the end of 5 days after the day the application is served, apply to have the award set aside; and

        (b)     be served on the person against whom it is sought to enforce the award.

Note     Rule 6351 (Time—extending and shortening by court order) provides for the extending of time.

    (2)     The court must not recognise an arbitral award, or make an order for its enforcement, until—

        (a)     the end of the period mentioned in subrule (1); and

        (b)     if the person against whom it is sought to enforce the award applies, within the period mentioned in subrule (1), to have the award set aside—the application is decided.



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