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Section 34
Enforcement of foreign judgments
(1) The party who wants to enforce the decision made abroad in Nepal should submit an application to the High Court with the following documents attached:-
(a) A copy of the arbitrator's decision or a certified copy thereof.
(b) The whole of the contract or a certified copy thereof.
(c) If the arbitrator's decision is not in Nepali language, its official translation in Nepali language.
(2) If Nepal is a party to any treaty that has a provision regarding the recognition and enforcement of the arbitrator's decision made abroad, the arbitrator's decision made in the territory of the foreign country that is a party to that treaty after the commencement of this Act shall be subject to the provisions of such treaty and the conditions mentioned for becoming a party to it in the following cases. After giving recognition, it will be implemented in Nepal:-
(a) If the arbitrator is appointed and decided according to the law and procedure mentioned in the contract,
(b) If the parties have been informed in time of the arbitration proceedings,
(c) If the decision is limited to the terms of the contract or the matters referred to the arbitrator,
(d) If the decision has become final and binding on the parties according to the laws of the country in which the decision was made,
(e) If there is no legal provision in the law of the country of the person who applied for the execution of the decision of the arbitrator or in the law enforcement of the country of the place of arbitration, the decision of the arbitrator cannot be enforced,
(f) If an application is made for the execution of the decision within ninety days from the date of the decision.
(3) If the High Court is satisfied that the conditions mentioned in sub-section (2) have been fulfilled in an application made under sub-section (1), the court shall send the decision to the district court for implementation.
(4) Notwithstanding anything contained elsewhere in this section, an award of an arbitrator rendered abroad shall not be enforced in the following cases:-
(a) If the dispute which has been settled is of such a nature that it cannot be resolved by an arbitrator in accordance with Nepalese law.
(b) If the implementation of such decision would be against public policy.