§ [No.7.]
§ Clause 13, page 7, line 39, leave out from 'if' to end of line 41 and insert—
- ('a) the process is for enforcing a judgment which is final within the meaning of section 18(1)(b) below and the State has
319 made a declaration under Article 24 of the Convention; or - (b) the process is for enforcing an arbitration award.'
§ The LORD CHANCELLORMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 7. As at present drafted, the combined effect of Clause 13(2)(b) and Clause 13(4) is to allow the enforcement of a judgment against commercial property, other than ships, belonging to a State which is a party to the European Convention and which has not made a declaration under Article 24, but not to permit such enforcement of arbitration awards. There is no good reason for making this distinction. As a result of the Amendment, arbitral awards can be enforced against the commercial property of a State, irrespective of whether or not it is a party to the European Convention.
§ Moved, that this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)
§ On Question, Motion agreed to.