国际仲裁法教学（华南师范大学）国仲民诉整理.docVIP

　　1. Recognition and enforcement of the award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the competent authority where the recognition and enforcement is sought, proof that: 　　一、裁决唯有于受裁决援用之一造向声请承认及执行地之主管机关提具证据证明有下列情形之一时，始得依该造之请求，拒予承认及执行： 　　(a) The parties to the agreement referred to in article II were, under the law applicable to them, under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or 　　(甲)第二条所称协定之当事人依对其适用之法律有某种无行为能力情形者，或该项协定依当事人作为协定准据之法律系属无效，或未指明以何法律为准时，依裁决地所在国法律系属无效者; 　　(b) The party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case; or 　　(乙)受裁决援用之一造未接获关于指派仲裁员或仲裁程序之适当通知，或因他故，致未能申辩者; (c )The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or 　　(丙)裁决所处理之争议非为交付仲裁之标的或不在其条款之列，或裁决载有关于交付仲裁范围以外事项之决定者，但交付仲裁事项之决定可与未交付仲裁之事项划分时，裁决中关于交付仲裁事项之决定部分得予承认及执行; 　　(d) The composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or 　　(丁)仲裁机关之组成或仲裁程序与各造间之协议不符，或无协议而与仲裁地所在国法律不符者; 　　(e) The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. 　　(戊)裁决对各造尚无拘束力，或业经裁决地所在国或裁决所依据