Section 34: Implementation of Award Taken in a Foreign Country

1) A party which willing to implement an award made in a foreign country in Nepal shall submit an application to the Appellate Court along with the following documents:

(a) The original or certified copy of the arbitrators award.

(b) The original or certified copy of the agreement.

(c) In case the arbitrators award is not in the Nepali Language, an official translation thereof is in the Nepali language.

2) In case Nepal is a party to any treaty which provides for recognition and implementation of decisions taken by arbitrators in foreign countries, any decision taken by an arbitrator after the commencement of this act within the area of the foreign country which is a party to that treaty shall be recognised and implemented in Nepal in the following circumstances subject to the provisions of that treaty and the conditions mentioned at the time of entering into the treaty.

(a) In case the arbitrator has been appointed and the award is made according to the laws and procedures mentioned in the agreement,

(b) In case the parties have been notified about the arbitration proceedings in time,

(c) In case the decision has been taken according to the conditions mentioned in the agreement or upon confining only to the subject matters referred to the arbitrator.

(d) In case the decision has become final and binding on the parties according to the laws of the country where the decision has been taken.

(e) In case the laws of the country of the petitioner or the laws of the country where arbitration proceedings have been conducted, do not contain provision under which arbitration award taken in Nepal cannot be implemented.

(f) In case the application has been filed for the implementation of the award within 90 days from the date of award.

3) In case the Appellate Court is satisfied that the conditions mentioned in sub-section (2) have been fulfilled in the application filed pursuant to sub-section (1), it shall forward the award to the District Court for its implementation.

4) Notwithstanding anything contained in this Section, no award made by an arbitrator in a foreign country shall be implemented in the following circumstances.

(a) In case the awarded settled dispute cannot be settled through arbitration under the laws of Nepal.

(b) In case the implementation of the award is detrimental to the public policy.