BELIZE Law and Practice Contributed by: Nigel Ebanks and Darinka Muñoz, Barrow and Williams LLP
tration do not provide for the arbitration of that particular subject matter. 13.3 Circumstances to Challenge an Arbitral Award In respect of local awards, the Arbitration Act provides that the court may remove arbitrators or umpires who misconduct themselves. Fur- thermore, the court may set aside an arbitration or award that has been improperly procured. A foreign award shall not be enforceable under the act if the court dealing with the case is satis- fied that: • the award has been annulled in the country in which it was made; • the party against whom the enforcement of the award is sought was not given notice of the arbitration proceedings in sufficient time to enable them to present their case, or was under some legal incapacity and was not properly represented; or • the award does not deal with all the questions referred or contains decisions on matters that are beyond the scope of the agreement for arbitration, provided that, if the award does not deal with all the questions referred, the court may, if it thinks fit, either postpone the enforcement of the award or order its enforcement subject to the giving of such security by the person seeking to enforce it as the court may think fit. In addition, a court may refuse to enforce a for- eign award if it considers that the award has not been made: • in pursuance of an agreement for arbitration that was valid under the law by which it was governed;
• by the tribunal provided for in the agreement or constituted in a manner agreed upon by the parties; or • in conformity with the law governing the arbi- tration procedure. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration Generally, a “local” or domestic award may, by leave of the High Court, be enforced in the same manner as a judgment or order to the same effect. A foreign award is enforceable in Belize either by action or in the same way as one would enforce a domestic award. Specifically, a foreign award may likewise be enforced, by leave of the court, in the same manner as a judgment or order to the same effect. Enforcing Foreign Awards In order for a foreign award to be enforceable under the Arbitration Act, it must have: • been made in pursuance of an agreement for arbitration that was valid under the law by which it was governed; • been made by the tribunal provided for in the agreement or constituted in a manner agreed upon by the parties; • been made in conformity with the law govern- ing the arbitration procedure; • become final in the country in which it was made; and • been made in respect of a matter that may lawfully be referred to arbitration under the law of Belize, and the enforcement thereof must not be contrary to public policy or the law of Belize. The party seeking to enforce a foreign award must produce:
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