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Section 1063

General provisions

(1) The court decides by court order. Prior to the decision, the opposing party is to be heard.

(2) The court is to order a hearing for oral argument to be held if an application for setting aside the arbitral award has been filed or if, in deciding on an application for recognition of the arbitral award or for declaration of its enforceability, grounds for setting aside in terms of section 1059 (2) are to be considered.

(3) The presiding judge of the division for civil matters may issue an order, without having previously heard the opposing party, to the effect that the party filing the application may pursue compulsory enforcement based on the arbitral award or may enforce the interim measures, or measures of protection, ordered by the arbitral tribunal pursuant to section 1041 up until a decision has been handed down regarding the application. Compulsory enforcement based on the arbitral award may not extend beyond measures of protection. The party opposing the application is authorised to avert compulsory enforcement by providing security in that amount in which the party filing the application may pursue compulsory enforcement.

(4) For as long as no hearing for oral argument has been ordered, applications may be filed and declarations may be recorded with the registry for the files of the court.

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