9-9-58. Grounds for refusing recognition or enforcement of arbitration award.

Recognition or enforcement of an arbitration award, irrespective of the country in which it was made, may be refused only:#

1. (1)

   At the request of the party against whom it is invoked, if that party furnishes to the competent court where recognition or enforcement is sought proof that:#

   1. (A)

      A party to the arbitration agreement referred to in Code Section 9-9-28 was under some incapacity; or the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the arbitration award was made;#

   2. (B)

      The party against whom the arbitration award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his or her case;#

   3. (C)

      The arbitration award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the arbitration award which contains decisions on matters submitted to arbitration may be recognized and enforced;#

   4. (D)

      The composition of the arbitration tribunal or the arbitral procedure was not in accordance with the arbitration agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or#

   5. (E)

      The arbitration award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, that arbitration award was made; or#

2. (2)

   If the court finds that:#

   1. (A)

      The subject matter of the dispute is not capable of settlement by arbitration under the law of the United States; or#

   2. (B)

      The recognition or enforcement of the arbitration award would be contrary to the public policy of the United States.#

If an application for setting aside or suspension of an arbitration award has been made to a court referred to in subparagraph (a)(1)(E) of this Code section, the court where recognition or enforcement is sought may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the arbitration award, order the other party to provide appropriate security.#