§ 6 — Requirements for applications under section 4

6.—(1) A party to an international settlement agreement making an application mentioned in section 4(1) must provide to the court before which the application is made the following documents and evidence:(a)

the international settlement agreement signed by the parties to the agreement or a certified copy of the signed agreement;

(b)

evidence that the international settlement agreement resulted from mediation, such as —(i)

the signature on the international settlement agreement of the mediator conducting the mediation;

(ii)

a document signed by the mediator conducting the mediation indicating that the mediation was carried out;

(iii)

an attestation by the institution that administered the mediation; or

(iv)

in the absence of sub‑paragraph (i), (ii) or (iii), any other evidence acceptable to the court before which the application is made.

(2) A requirement under subsection (1) that the international settlement agreement be signed by the parties to the agreement or by the mediator conducting the mediation that resulted in the international settlement agreement is met, in relation to an electronic communication, if —(a)

a method is used to identify the parties or the mediator (as the case may be) and to indicate the parties’ or mediator’s intention (as the case may be) in respect of the information contained in the electronic communication; and

(b)

the method used is either —(i)

as reliable as is appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement; or

(ii)

proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.

(3) A party to the international settlement agreement making an application mentioned in section 4(1) may be required by the court before which the application is made to provide any necessary document in order to verify that the requirements of the Convention have been complied with.

(4) If the international settlement agreement is not in English, the international settlement agreement must be accompanied by a certified translation of it in the English language.

(5) In this section, “certified” means certified —(a)

in the manner set out in rules prescribed by the Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969; or

(b)

in the manner determined by the court before which the application mentioned in section 4(1) is made.

—(1) A party to an international settlement agreement making an application mentioned in section 4(1) must provide to the court before which the application is made the following documents and evidence:(a)

the international settlement agreement signed by the parties to the agreement or a certified copy of the signed agreement;

(b)

evidence that the international settlement agreement resulted from mediation, such as —(i)

the signature on the international settlement agreement of the mediator conducting the mediation;

(ii)

a document signed by the mediator conducting the mediation indicating that the mediation was carried out;

(iii)

an attestation by the institution that administered the mediation; or

(iv)

in the absence of sub‑paragraph (i), (ii) or (iii), any other evidence acceptable to the court before which the application is made.

(2) A requirement under subsection (1) that the international settlement agreement be signed by the parties to the agreement or by the mediator conducting the mediation that resulted in the international settlement agreement is met, in relation to an electronic communication, if —(a)

a method is used to identify the parties or the mediator (as the case may be) and to indicate the parties’ or mediator’s intention (as the case may be) in respect of the information contained in the electronic communication; and

(b)

the method used is either —(i)

as reliable as is appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement; or

(ii)

proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.

(3) A party to the international settlement agreement making an application mentioned in section 4(1) may be required by the court before which the application is made to provide any necessary document in order to verify that the requirements of the Convention have been complied with.

(4) If the international settlement agreement is not in English, the international settlement agreement must be accompanied by a certified translation of it in the English language.

(5) In this section, “certified” means certified —(a)

in the manner set out in rules prescribed by the Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969; or

(b)

in the manner determined by the court before which the application mentioned in section 4(1) is made.