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DISPUTE RESOLUTION, PAGE 7

27. What procedures exist for enforcement of foreign and domestic awards?

If the arbitration award has not been executed within the time limit provided in the award for its implementation, the party wishing to enforce the award may make a written request to the local provincial Office of Judgment Enforcement for its enforcement. In this regard the Arbitration Ordinance does not distinguish between recognised and approved foreign or domestic arbitral awards.

28. Can a successful party recover its costs?

The Arbitration Ordinance provides that the loser is responsible for arbitration charges, and therefore in the absence of agreement on the issue of other costs in the arbitration contract, the recovery of other costs is uncertain.

 

ALTERNATIVE DISPUTE RESOLUTION

29. Are the parties to litigation or arbitration required to consider or submit to any alternative dispute resolution before or during proceedings?

As a matter of practice and as referred to above, Courts will require the parties to a dispute to attempt to achieve a settlement at a minimum of two conciliation meetings prior to a Court hearing.

With regard to domestic arbitration, there is no requirement under the Arbitration Ordinance that the parties hold conciliation meetings or submit to any other alternative dispute resolution proceedings.

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