The Arbitration (International Investment Disputes) Act 1966 (Application to Tonga) Order 1967

Section 2

THE SCHEDULEADAPTATIONS AND MODIFICATIONS TO BE MADE IN THE APPLICATION OF THE ACT TO TONGA

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

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

3.  In section 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 section 7 of the Supreme Court Act of Tonga(1), as amended.

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

3.(1) Premier of Tonga 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(2) (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 Tonga 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..

(1)

Rev. Edn. 1947 c. 6.

(2)

1856 c. 113