The Civil Procedure Code

The Civil procedure Code contains the rules governing the enforcement of the award of arbitration. Those rules are explained from article 306 to article 327of the Civil procedure Code. In the Civil procedure Code, the award of the arbitrators should be written. It also should contain what the parties are claiming and the question solved by the award. In addition to that it should be signed by the arbitrators precising the arbitrators' identity and the date and where the award was rendered and all this it is according to the article 318. The article 320 of the same code ordered the arbitrators to present the award within three days to allow to the president of the lower court to order the execution of the award. And the court fees are paid by the parties and not by the arbitrators.

If there is a disagreement about the award and one of the parties involved in the case is foreigner, the other party should go to the lower court and asks the president to make the award of arbitrators to be executed but according to the article 321 of the civil code, the president of the lower court does not look at the case facts but he/she should check if the award does not break the article 306 of the same code. However, if the parties agreed to execute the award, they do not need to go through the legal procedure.

According to the article 319 of the civil code, it states that the arbitrators' award can not be attacked but the article 326 gives the right of retractation. So the courts enforce the award of arbitration.

Another aspect in the enforcement of the award in is that our country and Canada are integrated in the New York convention that is the important convention on the mutual recognition and enforcement of international arbitration awards.

Since the N and O agreed if there is any dispute they should go to arbitration and this is what they have done. Also in the agreement, the parties decided that the arbitration should be done under the rules of G and the award is final and binding, therefore the award of G to N should be enforced.