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Multilateral Investment Guarantee Agency Act 1988

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Change 1

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As published

4 Registration and enforcement of arbitration awards.

(1) A party to a dispute which is the subject of an award rendered pursuant to Article 4 of Annex II to the Convention shall be entitled to have the award registered in the High Court subject to proof of such matters as are prescribed by rules of court and to the other provisions of this section. (2) In addition to any sum payable under the award, the award shall be registered for the reasonable costs of and incidental to registration. (3) If at the date of the application for registration any sum payable under the award has been partly paid, the award shall be registered only in respect of the balance and accordingly if that sum has then been wholly paid the award shall not be registered. (4) An award registered under this section shall be of the same force and effect for the purpose of execution as if it had been a judgment of the High Court given when the award was rendered as mentioned in subsection (1) above and entered on the date of registration under this section and— (a) proceedings may be taken on the award; (b) any sum for which the award is registered shall carry interest; and (c) the High Court shall have the same control over the execution of the award, as if the award had been such a judgment of the High Court. (5) This section shall bind the Crown but not so as to make an award enforceable against the Crown in a manner in which a judgment would not be enforceable against the Crown; and an award shall not be enforceable against a State to which the provisions of Part I of the State Immunity Act 1978 apply except in accordance with those provisions. (6) In this section “award” includes any decision interpreting an award; and for the purposes of this section an award shall be deemed to have been rendered pursuant to Article 4 of Annex II when a copy of it is transmitted to each party as provided in paragraph (h) of that Article.

Your change, as a redline

4 Registration and enforcement of arbitration awards.

(1) A party to a dispute which is the subject of an award rendered pursuant to Article 4 of Annex II to the Convention shall be entitled to have the award registered in the High Court subject to proof of such matters as are prescribed by rules of court and to the other provisions of this section. (2) In addition to any sum payable under the award, the award shall be registered for the reasonable costs of and incidental to registration. (3) If at the date of the application for registration any sum payable under the award has been partly paid, the award shall be registered only in respect of the balance and accordingly if that sum has then been wholly paid the award shall not be registered. (4) An award registered under this section shall be of the same force and effect for the purpose of execution as if it had been a judgment of the High Court given when the award was rendered as mentioned in subsection (1) above and entered on the date of registration under this section and— (a) proceedings may be taken on the award; (b) any sum for which the award is registered shall carry interest; and (c) the High Court shall have the same control over the execution of the award, as if the award had been such a judgment of the High Court. (5) This section shall bind the Crown but not so as to make an award enforceable against the Crown in a manner in which a judgment would not be enforceable against the Crown; and an award shall not be enforceable against a State to which the provisions of Part I of the State Immunity Act 1978 apply except in accordance with those provisions. (6) In this section “award” includes any decision interpreting an award; and for the purposes of this section an award shall be deemed to have been rendered pursuant to Article 4 of Annex II when a copy of it is transmitted to each party as provided in paragraph (h) of that Article.

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