Page 1182 - IOM Law Society Rules Book
P. 1182

RULES OF THE HIGH COURT OF JUSTICE

                          ‘judgment  creditor’  means  the  person  seeking  recognition  or  enforcement  of  an
                          award;
                          ‘judgment debtor’ means the other party to the award.
                          (2)    Subject  to  the  provisions  of  this  rule,  the  following  provisions  apply  with
                   such modifications as may be necessary in relation to an award as they apply in relation to a
                   judgment to which Part I of the Judgments (Reciprocal Enforcement) (Isle of Man) Act 1968
                   applies —
                          (a)    rule 12.56(1), (2), (3), (4)(a) to (e) and (5);
                          (b)    rule 12.58 (except paragraph (3)(c) to (e)); and
                          (c)    rule 12.60(2).
                          (3)    An application to have an award registered in the court under section 1 of the
                   1983 Act shall be allocated to the chancery procedure.
                          (4)    The written evidence required by rule 12.56 in support of an application for
                   registration must —
                          (a)    exhibit the award certified under the Convention instead of the judgment (or a
                                 copy of it); and
                          (b)    in addition to stating the matters referred to in rule 12.56(4)(a) to (e) state
                                 whether —
                                 (i)     at the date of the application the enforcement of the award has been
                                         stayed (provisionally or otherwise) under the Convention; and
                                 (ii)    any, and if so what, application has been made under the Convention,
                                         which,  if  granted,  might  result  in  a  stay  of  the  enforcement  of  the
                                         award.
                          (5)    Where, on granting permission to register an award or an application made by
                   the judgment debtor after an award has been registered, the court considers —
                          (a)    that the enforcement of the award has been stayed (whether provisionally or
                                 otherwise) under the Convention; or
                          (b)    that an application has been made under the Convention which, if granted,
                                 might result in a stay of the enforcement of the award,
                   the court may stay the enforcement of the award for such time as it considers appropriate.
                          (6)    This rule applies, with the necessary modifications, in relation to an award
                   rendered  pursuant  to  the  Convention  referred  to  in  the  Multilateral  Investment  Guarantee
                   Agency Act 1989 as it applies in relation to an award.

                   CHAPTER 7:        COMPANIES

                   13.56  General
                          (1)    This Chapter applies to applications to the court under —
                          (a)    the 1931 Act, the 1982 Act, the 1992 Act, the 2006 Act or the 2009 Act;
                          (b)    Schedule  2  to  the  Insurance  Act  2008  (transfer  of  long-term  insurance
                                 business).

                          (2)    In this Chapter —
                          ‘the 1931 Act’ means the Companies Act 1931 and includes that Act as applied to
                          limited liability companies by the Limited Liability Companies Act 1996;
                          ‘the 1982 Act’ means the Companies Act 1982;
                          ‘the 1992 Act’ means the Companies Act 1992;
                          ‘the 2006 Act’ means the Companies Act 2006;




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