Section 29 Arbitration and Mediation Act
Section 29 Arbitration and Mediation Act 2023 is about Grounds for refusing recognition or enforcement of interim measures. It is under Part I (Arbitration) of the Act.
(1) Recognition or enforcement of an interim measure may be refused only –
(a) at the request of the party against whom it is invoked, where the Court is satisfied that the –
(i) refusal is warranted on the grounds set forth in section 58(2)(a) (i), (ii), (iii), (iv), (v), (vi) or (vii) ofthis Act,
(ii) decision of the arbitral tribunal with respect to the provision of security in connection with the interim measure issued by the arbitral tribunal has not been complied with, or
(iii) interim measure has been terminated or suspended by the arbitral tribunal or, where so empowered, by a competent authority in the Country in which the arbitration takes place or under the law of
which that interim measure was granted; or
(b) where the Court finds that –
(i) 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
(ii) any of the grounds set forth in section 5 8(2)(b) apply to the recognition and enforcement of the interim measure.
(2) Any determination made by the Court on any ground in subsection (1) is effective only for the purposes of the application to recognise and enforce the interim measure.
(3) The Court where recognition or enforcement is sought shall not, in making determination, undertake a review of the substance of the interim measure.
