Arbitration Act Section 43 — Refusal of enforcement (and Section 44)

Section 43: the court may refuse to enforce an award made in any country if the party resisting enforcement proves one of six grounds: incapacity of a party; the arbitration agreement not binding under the chosen law or the law of the country of the award; no proper notice or inability to present its case; a decision beyond the scope of the agreement or submission (the court may enforce a separable in-scope part); tribunal composition or procedure contrary to the parties' agreement or the law of the country of the award; or the award not yet binding, or set aside or suspended by a competent court or under the law of the country of the award (the court may adjourn and require security). Section 44 adds two grounds that the court may apply where it appears to the court: the dispute is not arbitrable by law, or enforcement would be contrary to public order or good morals.