(2) In this Part, where the context so admits, “enforcement”, in relation to a foreign award, includes the recognition of the award as binding for any purpose, and “enforce” and “enforced” have corresponding meanings.
(3) For the purposes of this Part, a body corporate shall be taken to be habitually resident in a country if it is incorporated or has its principal place of business in that country.
Application of Part III. 28.—(1) This Part shall apply to arbitration agreements made before 27th January 1995 as it applies to arbitration agreements made on or after that date.
(2) This Part shall not apply to foreign awards made before 19th November 1986.
Recognition and enforcement of foreign awards. 29.—(1) Subject to this Part, a foreign award may be enforced in a court either by action or in the same manner as an award of an arbitrator made in Singapore is enforceable under section 19.
(2) Any foreign award which is enforceable under subsection (1) shall be recognised as binding for all purposes upon the persons between whom it was made and may accordingly be relied upon by any of those parties by way of defence, set-off or otherwise in any legal proceedings in Singapore.
Evidence. 30.—(1) In any proceedings in which a person seeks to enforce a foreign award by virtue of this Part, he shall produce to the court—
- (a) the duly authenticated original award or a duly certified copy thereof;
- (b) the original arbitration agreement under which the award purports to have been made, or a duly certified copy thereof; and
- (c) where the award or agreement is in a foreign language, a translation of it in the English language, duly certified in English as a correct translation by a sworn translator or by an official or by a diplomatic or consular agent of the country in which the award was made.
