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1966规定统一仲裁法的欧洲公约(13)
www.110.com 2010-07-21 14:32


2. The competent authority shall refuse the application if the award or its enforcement is contrary to ordre public or if the dispute was not capable of settlement by arbitration.
3. A decision refusing the application is appealable.
Article 30
1. A decision apposing an enforcement formula to an award shall be notified. The decision is appealable within a period of one month from the date on which the decision is notified.
2. A party exercising this right of appeal who seeks to secure the setting aside of the award without having previously made application for this shall, on pain of being barred, make his application in the same proceedings and within the period prescribed in paragraph 1. A party who, while not exercising the right of appeal provided for in paragraph 1, seeks to secure the setting aside of an award shall, on pain of being barred, make his application for setting aside within the period prescribed in paragraph 1. The application for setting aside envisaged in the present paragraph shall be admissible only if the period prescribed in Article 28 has not expired.
3. The provisions of paragraph 2 of this article shall apply to the grounds for setting aside an award provided for in paragraph 3 of Article 25 only if such grounds were known at the time of notification of the decision apposing the enforcement formula to the award.
4. Without prejudice to the provisions of paragraph 4 of Article 25, a party exercising the right of appeal provided for in paragraph 1 of this article may apply for the setting aside of the award if there is no valid arbitration agreement, even if the period prescribed in Article 28 has expired.
5. In the case either of an appeal against the decision apposing an enforcement formula to an award or of an application for an award to be set aside, the judicial authority may, at the request of one of the parties, order the enforcement of the award to be stayed.
6. A decision apposing an enforcement formula to an award shall be without effect to the extent that the arbitral award has been set aside.

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