JUDGMENT NO. CCZ 16/2016 CONST. APPLICATION CCZ 4/2016 the Labour Court, it must be satisfied before registering an award that all the necessary formalities have been complied with. In Vasco Olympio & 4 Ors v Shomet Industrial Development HH-19112, CHIWESHE JP at p1 of the cyclostyled judgment, outlining the requirements for registering an arbitral award, stated: “The purpose of registration is merely to facilitate the enforcement of such an order through the mechanism availed to the High Court or the magistrate court, namely the office of the Deputy Sheriff or the messenger of court, respectively… In an application such as the present one, this court is not required to look at the merits of the award. All that is required of this court is that it must satisfy itself that the award was granted by a competent arbitrator, that the award sounds in money, that the award is still extant and has not been set aside on review or appeal and that the litigants are the parties, the subject of the arbitral award. There must also be furnished, a certificate given under the hand of arbitrator.” The requirements that must be satisfied before the High Court or the Magistrates Court grants an application for registration of an award are: a) The award must have been granted by a competent arbitrator. b) The award must sound in money. c) The award is still extant and has not been set aside on review or appeal. d) The litigants are the parties to the award. e) The award must be certified as an award of the arbitrator. The process of registration of an arbitral award is closely connected to the remedy provided for under s 92E(3) of the Act. It is the decision relating to the arbitral award which would be the subject of appeal to the Labour Court. An application for registration of an arbitral award presupposes that there is no application made to or pending before the Labour Court for an interim order suspending the execution of the decision appealed against. A party cannot submit for registration an arbitral award he or she knows or ought to know is subject to an interim determination suspending its execution pending appeal. The High Court or Magistrates’ Court 9

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