PATHERYA J.

1. This is an application for execution of the foreign award dated 17th August, 2007.

2. Petitioner’s case The case of the petitioner is that in execution of the foreign award dated 17th August, 2007 orders are sought in terms of Column 10 of the Tabular Statement as no step has been taken by the judgment-debtor for setting aside the award. Therefore, the award has become enforceable and entitles the decree-holder to release of sums.

3. Counsel for the decree-holder submits that the award is against Korp Resources who is a party to the arbitration proceeding. The invoices raised on Korp Gems was before the Arbitral Tribunal and the same was considered and thereafter liability imposed. Section 48 of the 1996 Act is similar to Section 44 of the 1996 Act. The merits cannot be challenged at the time of enforcement of the award and to challenge the merits an application for setting aside the award of 2005 ought to have been made before the appropriate forum.

4. The charter party agreement was between the decree-holder (owner of the vessel) and Korp Resources (hirer of such vessel). The defence taken by the judgment-debtor has been set out in the award and consider