Commonwealth Numbered Acts

ARBITRATION (FOREIGN AWARDS AND AGREEMENTS) ACT 1974 No. 136 of 1974 - SECT 9

9. (1) In any proceedings in which a person seeks the enforcement of a
foreign award by virtue of this Act, he shall produce to the court-

   (a)  the duly authenticated original award or a duly certified copy; and

   (b)  the original arbitration agreement under which the award purports to
        have been made or a duly certified copy.

(2) For the purposes of sub-section (1), an award shall be deemed to have been
duly authenticated, and a copy of an award or agreement shall be deemed to
have been duly certified, if-

   (a)  it purports to have been authenticated or certified, as the case may
        be, by the arbitrator or, where the arbitrator is a tribunal, by an
        officer of that tribunal, and it has not been shown to the court that
        it was not in fact so authenticated or certified; or

   (b)  it has been otherwise authenticated or certified to the satisfaction
        of the court.

(3) If a document or part of a document produced under sub-section (1) is
written in a language other than English, there shall be produced with the
document a translation, in the English language, of the document or that part,
as the case may be, certified to be a correct translation.

(4) For the purposes of sub-section (3), a translation shall be certified by a
diplomatic or consular agent in Australia of the country in which the award
was made or otherwise to the satisfaction of the court.

(5) A document produced to a court in accordance with this section is, upon
mere production, receivable by the court as prima facie evidence of the
matters to which it relates.