so submitted, only that part of the award which contains
decisions on matters not submitted to arbitration may be set
( iv) the composition of the arbitral tribunal or the arbitral pro-
cedure was not in accordance with the agreement of the
parties, unless such agreement was in conflict with a provi-
sion of this Law from which the parties cannot derogate, or,
failing such agreement, was not in accordance with this
(b) the court finds that:
( i) the subject-matter of the dispute is not capable of settlement
by arbitration under the law of this State; or
( ii) the award is in conflict with the public policy of this State.
(3) An application for setting aside may not be made after three months have
elapsed from the date on which the party making that application had
received the award or, if a request had been made under article 33, from the
date on which that request had been disposed of by the arbitral tribunal.
(4) The court, when asked to set aside an award, may, where appropriate and
so requested by a party, suspend the setting aside proceedings for a period of
time determined by it in order to give the arbitral tribunal an opportunity to
resume the arbitral proceedings or to take such other action as in the arbitral
tribunal’s opinion will eliminate the grounds for setting aside.
RECOGNITION AND ENFORCEMENT OF AWARDS
Article 35. Recognition and enforcement
(1) An arbitral award, irrespective of the country in which it was made,
shall be recognized as binding and, upon application in writing to the competent court, shall be enforced subject to the provisions of this article and
of article 36.
(2) The party relying on an award or applying for its enforcement shall supply the original award or a copy thereof. If the award is not made in an official
language of this State, the court may request the party to supply a translation thereof into such language.
Article 36. Grounds for refusing recognition or enforcement
(1) Recognition or enforcement of an arbitral award, irrespective of the coun-
try in which it was made, may be refused only:
(a) at the request of the party against whom it is invoked, if that party
furnishes to the competent court where recognition or enforcement
is sought proof that:
( i) a party to the arbitration agreement referred to in article 7
was under some incapacity; or the said agreement is not
valid under the law to which the parties have subjected it or,