The Arbitration (International Investment Disputes) Act 1966 (Application to Colonies etc.) Order 1967

Statutory Instruments

1967 No. 159

ARBITRATION

The Arbitration (International Investment Disputes) Act 1966 (Application To Colonies Etc.) Order 1967

Made

10th February 1967

Coming into Operation

20th February 1967

At the Court at Buckingham Palace, the 10th day of February 1967

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers conferred upon Her by section 6 of the Arbitration (International Investment Disputes) Act 1966 (hereinafter referred to as “the Act”) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation and commencement

1.  This Order may be cited as the Arbitration (International Investment Disputes) Act 1966 (Application to Colonies etc.) Order 1967, and shall come into operation on 20th February 1967.

Application of Act to certain territories

2.  Subject to the adaptations and modifications specified in Schedule 2 to this Order, the provisions of the Act, except sections 5, 6, 7 and 8 thereof, shall extend to the territories (including any dependencies thereof) specified in Schedule 1 to this Order.

Interpretation

3.—(1) For the purposes of the application of the provisions of the Act to any territory specified in Schedule 1 to this Order, in Schedule 2 to this Order—

“the Territory” means that territory;

“the Supreme Court” means the court (by whatever name styled) having unlimited original jurisdiction in that territory in civil matters;

“the Governor” means the Governor or other officer for the time being administering the government of that territory.

(2) The Interpretation Act 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of Parliament of the United Kingdom.

W.G. Agnew

Section 2

SCHEDULE 1 TERRITORIES TO WHICH THE ACT EXTENDS

• Antigua

• Bahamas

• Bermuda

• British Honduras

• British Solomon Islands Protectorate

• Cayman Islands

• Dominica

• Falkland Islands

• Fiji

• Gibraltar

• Gilbert and Ellice Islands Colony

• Grenada

• Hong Kong

• Mauritius

• Montserrat

• St. Christopher, Nevis and Anguilla

• St. Helena

• St. Lucia

• St. Vincent

• Seychelles

• Swaziland

• Turks and Caicos Islands

• Virgin Islands.

Section 2

SCHEDULE 2 ADAPTATIONS AND MODIFICATIONS TO BE MADE IN THE APPLICATION OF THE ACT TO A TERRITORY

1.  In sections 1(2) and 2(1), for the references to the High Court there shall be substituted references to the Supreme Court of the Territory.

2.  In section 1(3), for the words “the United Kingdom” there shall be substituted the words “the Territory”.

3.  In sections 1(6) and 2(2), for the references to section 99 of the Supreme Court of Judicature (Consolidation) Act 1925 there shall be substituted references to the corresponding enactment forming part of the law of the Territory enabling rules of court to be made with respect to the practice and procedure of the Supreme Court of the Territory in civil proceedings.

4.  For section 3 there shall be substituted the following section:—

   

“3.— (1) The Governor may by order—

(a) make provision, in relation to such proceedings pursuant to the Convention as are specified in the order, for the attendance of witnesses, the hearing of evidence and the production of documents;

(b) direct that the Foreign Tribunals Evidence Act 1856(1) (which relates to the taking of evidence for the purpose of proceedings before a foreign tribunal) shall apply to such proceedings pursuant to the Convention as are specified in the order, with or without any modifications or exceptions specified in the order.

(2) Except as provided by any order made under subsection (1)(a) of this section, no enactment relating to arbitration which forms part of the law of the Territory shall apply to proceedings pursuant to the Convention, but this subsection shall not be taken as affecting any provision of such an enactment relating to staying court proceedings where there is submission to arbitration.

(3) An order made under this section may be varied or revoked by a subsequent order so made.”

EXPLANATORY NOTE

This Order extends the provisions of the Arbitration (International Investment Disputes) Act 1966, with certain exceptions, adaptations and modifications, to the territories specified in Schedule 1 to the Order.

(1)

1856 c. 113.