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(1) Enforcement of a Convention award may be Resa o refused if the person against whom it is invoked ment. proves (a) that a party to the arbitration agreement was, under the law applicable to him, under some incapacity; or (b) that the arbitration was not valid under the law to which the parties subjected it or, failing anyy indication thereon, under the law of the country where the award was made; or c) that he was not given proper notice of the appointment of the arbitrator or of the arbitraion proceedings or was otherwise unable to present his case; or (d) subject to subsection (3), that the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration; or e) that the composition of the arbitral authority or that the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, with the law of the country where the arbitration took place; or () that the award has not yet become binding onn the parties or has been set aside or suspended in by a competent authority of the country which, or under the law of which, it was made. (2) Enforcement of a Convention award may also be refused if the award is in respect of a matter which S not capable of settlement by arbitration, or if it Would be contrary to public policy to enforce the award. Convention award which contains decisions (3) A not on matters submitted to arbitration may be enforced to the extent it contains decisions on matters submitted to arbitration which can be separated from those on matters not so submitted. S. 5-61 (4) If the court before which a 1S Sought to be relied upon is Convention satisfied award that application for the setting aside or suspension of the a award has been made to referred to in competent a of subsection authority court may, if paragraph (f) (1), the it considers it decision on the enforcement of proper, the adjourn the also, on the application of the party award and may ment of the award, order the claiming enforceother party to suitable security. give Staying 6. (1) If any party to an court prothe New York Convention arbitration agreement to which ceedings where ing applies, or any person claimthrough or under him Commences any party proves arbitration proceedings in any court against any other partylegal to the agreement or any agreement. under him in respect ofperson claiming through or any matter agreed to be referred to arbitration in such to the proceedings agreement, any party may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to the court to the stay the proceedings; and the court, unless satisfied that agreement is null and void, inoperative or incapable of being performed or that there is not in fact between the parties with any dispute to be referred, shall regard to the matter agreed make an order staying the proceedings. (2) This section applies to any arbitration which is not a domestic arbitration agreement agreement section 6 of the Arbitration Act 1952 shall not and to an arbitration apply agreement to which this section applies. (3) In this section, "domestic arbitration means an arbitration agreement" agreement which does not provide, expressly or by implication, for arbitration in a State other than Malaysia and to which neither (a) an individual who is a national of, or habitually resident in, any State other than Malaysia; nor 6) a body corporate which is whose central incorporated in, or control is management and exercised in, any State other than Malaysia, 1s a party at the time the proceedings are commencea. Schedule] cONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDSs