Document ID: chunk:federal_register_of_legislation:C2022C00086:section:9
Version: federal_register_of_legislation:C2022C00086
Segment Type: section
Provision Reference: s 9
Character Range: 17663–19259

9  Evidence of awards and arbitration agreements
 (1) In any proceedings in which a person seeks the enforcement of a foreign award by virtue of this Part, he or she shall produce to the court:
 (a) the duly authenticated original award or a duly certified copy; and
 (b) the original arbitration agreement under which the award purports to have been made or a duly certified copy.
 (2) For the purposes of subsection (1), an award shall be deemed to have been duly authenticated, and a copy of an award or agreement shall be deemed to have been duly certified, if:
 (a) it purports to have been authenticated or certified, as the case may be, by the arbitrator or, where the arbitrator is a tribunal, by an officer of that tribunal, and it has not been shown to the court that it was not in fact so authenticated or certified; or
 (b) it has been otherwise authenticated or certified to the satisfaction of the court.
 (3) If a document or part of a document produced under subsection (1) is written in a language other than English, there shall be produced with the document a translation, in the English language, of the document or that part, as the case may be, certified to be a correct translation.
 (4) For the purposes of subsection (3), a translation shall be certified by a diplomatic or consular agent in Australia of the country in which the award was made or otherwise to the satisfaction of the court.
 (5) A document produced to a court in accordance with this section is, upon mere production, receivable by the court as prima facie evidence of the matters to which it relates.