- (ii) has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made.
(3) Enforcement of a Convention award may also be refused if—
- (a) the award is in respect of a matter which is not capable of settlement by arbitration under the law of Hong Kong; or
- (b) it would be contrary to public policy to enforce the award.
(4) A Convention award which contains decisions on matters not submitted to arbitration may be enforced to the extent that it contains decisions on matters submitted to arbitration which can be separated from those on matters not so submitted.
(5) If an application for the setting aside or suspension of a Convention award has been made to a competent authority as mentioned in subsection (2)(f), the court before which enforcement of the award is sought—
- (a) may, if it thinks fit, adjourn the proceedings for the enforcement of the award; and
- (b) may, on the application of the party seeking to enforce the award, order the person against whom the enforcement is invoked to give security.
(6) A decision or order of the court under subsection (5) is not subject to appeal.
90. Order for declaring party to New York Convention
(1) The Chief Executive in Council may, by order in the Gazette, declare that any State or territory that—
- (a) is a party to the New York Convention; and
- (b) is specified in the order,
is a party to that Convention.
(2) An order under subsection (1), while in force, is conclusive evidence that the State or territory specified in it is a party to the New York Convention.
(3) Subsections (1) and (2) do not affect any other method of proving that a State or territory is a party to the New York Convention.
91. Saving of rights to enforce Convention awards
This Division does not affect any right to enforce or rely on a Convention award otherwise than under this Division.
