CHAPTER 06:02
RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title

   2.   Interpretation

   3.   Certain arbitral awards to be enforceable in Botswana

   4.   Certain provisions of Convention to have force of law in Botswana

      Schedule - Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Act 49, 1971.

An Act to enable effect to be given in Botswana to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

[Date of Commencement: 31st December, 1971]

1.   Short title

   This Act may be cited as the Recognition and Enforcement of Foreign Arbitral Awards Act.

2.   Interpretation

   In this Act-

   "Convention" means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards set out in the Schedule.

3.   Certain arbitral awards to be enforceable in Botswana

   (1) Subject to the provisions of subsections (2) and (3) any arbitral award made after the coming into force of this Act in any country which is a party to the Convention shall be binding and may be enforced in Botswana in accordance with and subject to the provisions of the Convention in such manner as an award may be enforced under the provisions of the Arbitration Act and the laws of Botswana.

   (2) The provisions of this section shall only apply to awards arising out of legal relationships, whether contractual or not, considered as commercial under the laws of Botswana.

   (3) No arbitral award made in any country which is a party to the Convention shall be enforceable in Botswana unless a similar award made in Botswana would be enforceable in such country.

4.   Certain provisions of Convention to have force of law in Botswana

   The provisions of-

   (a)   sections 2 and 3 of Article II;

   (b)   Article III;

   (c)   Article IV;

   (d)   Article V; and

   (e)   Article VI,

of the Convention shall have the force of law in Botswana.

SCHEDULE
CONVENTION ON THE RECOGNITION AND ENFORCEMENT
OF FOREIGN ARBITRAL AWARDS

ARTICLE I

1. This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought, and arising out of differences between persons, whether physical or legal. It shall also apply to arbitral awards not considered as domestic awards in the State where their recognition and enforcement are sought.

2. The term "arbitral awards" shall include not only awards made by arbitrators appointed for each case but also those made by permanent arbitral bodies to which the parties have submitted.

3. When signing, ratifying or acceding to this Convention, or notifying extension under Article X hereof, any State may on the basis of reciprocity declare that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State. It may also declare that i

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