Article 43 - Grounds for refusing recognition or enforcement

(1) The QFC Tribunal may refuse to recognise or enforce an Award only:
(A) at the request of the party against whom it is invoked, if that party furnishes to the QFC Tribunal proof that:
(i) a party to the Arbitration Agreement referred to in Article 10 of these Regulations was 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;
(ii) the party against whom the Award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case;
(iii) the Award deals with a dispute 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 enforced;
(iv) the composition of the Arbitral Panel 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;
(v) the Award has not yet become binding on the parties or has been set aside or suspended by a Court of the country in which or under the law of which that Award was made; or
(B) if the QFC Tribunal finds that:
(i) the subject-matter of the dispute would not have been capable of settlement by Arbitration under the laws of the QFC; or
(ii) the recognition or enforcement of the Award would be contrary to the public policy of the QFC.
(2) If an application for the setting aside or suspension of a Non-QFC Award has been made to the Court of the Seat of the Non-QFC Award, the QFC Tribunal may, if it considers it proper, adjourn its decision and may also, on the application of the party seeking recognition or enforcement of the Non-QFC Award, order the other party to provide appropriate security.