- (ii) has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made.
(2) Enforcement of an award referred to in section 85 may also be refused if—
- (a) the award is in respect of a matter which is not capable of settlement by arbitration under the law of Hong Kong;
- (b) it would be contrary to public policy to enforce the award; or
- (c) for any other reason the court considers it just to do so.
(3) An award referred to in section 85 which contains decisions on matters not submitted to arbitration may be enforced to the extent that it contains decisions on matters submitted to arbitration which can be separated from those on matters not so submitted.
(4) If an application for the setting aside or suspension of an award referred to in section 85 has been made to a competent authority as mentioned in subsection (1)(f), the court before which enforcement of the award is sought—
- (a) may, if it thinks fit, adjourn the proceedings for the enforcement of the award; and
- (b) may, on the application of the party seeking to enforce the award, order the person against whom the enforcement is invoked to give security.
(5) A decision or order of the court under subsection (4) is not subject to appeal.
Division 2—Enforcement of Convention awards
87. Enforcement of Convention awards
(1) A Convention award is, subject to this Division, enforceable in Hong Kong either—
- (a) by action in the Court; or
- (b) in the same manner as an arbitral award, and section 84 applies accordingly as if a reference in that section to an award were a Convention award.
(2) Any Convention award which is enforceable as mentioned in subsection (1) is to be treated as binding for all purposes on the persons between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in Hong Kong.
(3) A reference in this Division to enforcement of a Convention award is to be construed as including reliance on a Convention award.
