Western Australian Current Acts

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17I .         Grounds for refusing recognition or enforcement (cf. Model Law Art 17I)

        (1)         Recognition or enforcement of an interim measure may be refused only —

            (a)         at the request of the party against whom it is invoked if the Court is satisfied that —

                  (i)         such a refusal is warranted on the grounds set out in section 36(1)(a)(i), (ii), (iii) or (iv); or

                  (ii)         the arbitral tribunal’s decision with respect to the provision of security in connection with the interim measure issued by the arbitral tribunal has not been complied with; or

                  (iii)         the interim measure has been terminated or suspended by the arbitral tribunal or, where so empowered, by the court of the State or Territory in which the arbitration takes place or under the law of which that interim measure was granted;


            (b)         if the Court finds that —

                  (i)         the interim measure is incompatible with the powers conferred on the Court unless the Court decides to reformulate the interim measure to the extent necessary to adapt it to its own powers and procedures for the purposes of enforcing that interim measure and without modifying its substance; or

                  (ii)         any of the grounds set out in section 36(1)(b)(i) or (ii) apply to the recognition and enforcement of the interim measure.

        (2)         Any determination made by the Court on any ground in subsection (1) is effective only for the purposes of the application to recognise and enforce the interim measure.

        (3)         The Court must not, in making a determination with respect to the recognition or enforcement sought, undertake a review of the substance of the interim measure.

        Note for this section:

                This section is substantially the same as Art 17I of the Model Law but has been modified to the extent necessary to apply Art 17I as incorporated in this Act in the context of domestic commercial arbitrations.

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