s.53Grounds for refusing recognition or enforcement
53
Section 53Part 8 — INTERIM MEASURES AND PRELIMINARY ORDERS

Grounds for refusing recognition or enforcement

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The recognition or enforcement of an interim measure may be refused only at the request of the party against whom it is invoked if the court is satisfied that —
a refusal is warranted on any ground specified in section 75 (1)(a)(i) to (vii);
the arbitral tribunal's decision with respect to the provision of security in connection with the interim measure issued by the arbitral tribunal has not been complied with;
the interim measure has been terminated or suspended by the arbitral tribunal or, where so empowered, by the court or under the law of which that interim measure was granted; or
the court finds that —
the interim measure is incompatible with the powers conferred upon the court unless the court decides to reformulate the interim measure to the extent necessary to adapt it to its own powers and procedures for the purposes of enforcing that interim measure and without modifying its substance; or
the subject-matter of the dispute is not capable of settlement by arbitration under the law of the Islands or the recognition or enforcement of the award would be contrary to the public policy of the Islands.
Any determination made by the court on any ground in subsection (1) shall be effective only for the purposes of the application to recognise and enforce the interim measure.
The court where recognition or enforcement is sought shall not, in making that determination, undertake a review of the substance of the interim measure.

Cross References

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