Document ID: chunk:federal_register_of_legislation:C2022C00086:section:8:p2
Version: federal_register_of_legislation:C2022C00086
Segment Type: section
Provision Reference: s 8 (pt 2/3)
Character Range: 14965–17517

the law of which, the award was made.
 (6) Where an award to which paragraph (5)(d) applies contains decisions on matters submitted to arbitration and those decisions can be separated from decisions on matters not so submitted, that part of the award which contains decisions on matters so submitted may be enforced.
 (7) In any proceedings in which the enforcement of a foreign award by virtue of this Part is sought, the court may refuse to enforce the award if it finds that:
 (a) the subject matter of the difference between the parties to the award is not capable of settlement by arbitration under the laws in force in the State or Territory in which the court is sitting; or
 (b) to enforce the award would be contrary to public policy.
 (7A) To avoid doubt and without limiting paragraph (7)(b), the enforcement of a foreign award would be contrary to public policy if:
 (a) the making of the award was induced or affected by fraud or corruption; or
 (b) a breach of the rules of natural justice occurred in connection with the making of the award.
 (8) Where, in any proceedings in which the enforcement of a foreign award by virtue of this Part is sought, the court is satisfied that an application for the setting aside or suspension of the award has been made to a competent authority of the country in which, or under the law of which, the award was made, the court may, if it considers it proper to do so, adjourn the proceedings, or so much of the proceedings as relates to the award, as the case may be, and may also, on the application of the party claiming enforcement of the award, order the other party to give suitable security.
 (9) A court may, if satisfied of any of the matters mentioned in subsection (10), make an order for one or more of the following:
 (a) for proceedings that have been adjourned, or that part of the proceedings that has been adjourned, under subsection (8) to be resumed;
 (b) for costs against the person who made the application for the setting aside or suspension of the foreign award;
 (c) for any other order appropriate in the circumstances.
 (10) The matters are:
 (a) the application for the setting aside or suspension of the award is not being pursued in good faith; and
 (b) the application for the setting aside or suspension of the award is not being pursued with reasonable diligence; and
 (c) the application for the setting aside or suspension of the award has been withdrawn or dismissed; and
 (d) the continued adjournment of the proceedings is, for any reason, not justified.
 (11) An