Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p49
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 49/154)
Character Range: 333028–335720

proceeding—an originating application, in accordance with Form 57;
 (b) if a proceeding has been started in relation to the arbitral proceeding—an interlocutory application in that proceeding.
 (2) An application under subrule (1) must be accompanied by an affidavit stating the following:
 (a) the person against whom the order is sought;
 (b) the order sought;
 (c) the material facts relied on for the making of the order;
 (d) either:
 (i) if the application is made under section 23F—the terms of the order of the arbitral tribunal allowing disclosure of the information and the date the order was made; or
 (ii) if the application is made under section 23G:
 (A) the date the arbitral tribunal's mandate was terminated; and
 (B) the terms of the request made to the arbitral tribunal for disclosure of the confidential information and the date the request was made; and
 (C) the terms of the arbitral tribunal's refusal to make the order and the date the refusal was made.

28.48A  Enforcement of Investment Convention
  An application under section 35(4) of the International Arbitration Act for leave to enforce an award to which Part IV of that Act applies must be accompanied by an affidavit stating:
 (a) the extent to which the award has not been complied with, at the date the application is made; and
 (b) the usual or last‑known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last‑known registered office of the company.

28.49  Recognition of award
 (1) A party to an arbitral proceeding who wants to enforce an award under section 35(4) of the International Arbitration Act must file an originating application, in accordance with Form 58.
Note: Award is defined in section 31(1) of the International Arbitration Act.
 (2) The application must be accompanied by an affidavit stating:
 (a) the extent to which the award has not been complied with, at the date the application is made; and
 (b) the usual or last‑known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last‑known registered office of the company.
 (3) The application may be made without notice.
Note: Without notice is defined in the Dictionary.

28.50  Documents not in English language
  A party to a proceeding to which this Division applies who wants to rely on a document that is not in the English language must provide a certified English translation of the document to the Court and to any other party to the proceeding.
Note: Section 9 of the International Arbitration Act also deals with the translation of awards and arbitration agreements