Enforcement
By: Jessica • Essay • 372 Words • April 26, 2010 • 1,034 Views
Enforcement
The Civil procedure Code contains the rules governing the enforcement of the award of arbitration. Those rules are explained from article 306 to article 327of the Civil procedure Code. In the Civil procedure Code, the award of the arbitrators should be written. It also should contain what the parties are claiming and the question solved by the award. In addition to that it should be signed by the arbitrators precising the arbitrators’ identity and the date and where the award was rendered and all this it is according to the article 318. The article 320 of the same code ordered the arbitrators to present the award within three days to allow to the president of the lower court to order the execution of the award. And the court fees are paid by the parties and not by the arbitrators.
If there is a disagreement about the award and one of the parties involved in the case is foreigner, the other party should go to the lower court and asks the president to make the award of arbitrators to be executed but according to the article 321 of the civil code, the president of the lower court does not look at the case facts but he/she should check if the award does not break the article 306 of the same code. However, if the parties agreed to execute the