SOUMEN SEN,J. - (1.) This is an application challenging the maintainability of the execution application on the ground that requirement of Section 47 of the Arbitration and Conciliation Act , 1996 has not been followed. There is no challenge either to the existence of the final award nor with regard to the authenticity and existence of the agreement. The foreign award is a contested award. The argument that a duly authenticated copy of the contract which contains the arbitration clause has not been produced is unacceptable as authenticity of the said agreement is admitted. Moreover, the person authenticating the said agreement has participated in the arbitration proceeding and the same is borne out from record.
(2.) A question is raised with regard to the person competent to authenticate the original award. The existence of the final award dated 10th April 2013 is not disputed. Although the nature of the dispute has not been spelt out in the petition, but in course of the argument, reference has been made to Rule 19C(3) of the Statutes of the Republic of Singapore International Arbitration Act (Chapter 143A) and it is submitted that the person authenticating has not disclosed his authority to certify the said award. The person certifying the award is the Registrar of the Singapore International Arbitration Centre, which fact is not disputed. One Minn Naing Oo has, in the capacity as Registrar, Singapore International Arbitration Centre (SIAC), duly certified that the copy attached to the execution application is a true copy of the award dated 10th April, 2013 passed in the arbitration proceeding between the parties. The said certification is dated 9th May, 2013. Mr. Minn Naing Oo has signed a declaration on 9th May, 2013 before a notary public to the effect that pursuant to his appointment as the Registrar of the Singapore International Arbitration Centre by the Minister of Law of the Republic of Singapore under Section 19C of the International Arbitration (Amendment) Act 2009 and the International Arbitration (Appointed Persons Under Section 19C ) Order 2009, he is duly authorized to certify the award published in Singapore in the said arbitration proceeding by the Arbitral Tribunal comprising Mr. Gordon Smith.
(3.) There is no challenge in this proceeding that Mr. Minn Naing Oo is not the Registrar of the Singapore International Arbitration Centre appointed by the Minister of Law of the Republic of Singapore under Section 19C of the International Arbitration (Amendment) Act 2009. Moreover, the said declaration has been duly signed and sworn before the notary public. The notarial attestation of the document is not under challenge. There is a presumption of regularity of official acts and both Mr. Minn Naing Oo and the notary public have satisfied themselves in the discharge of their respective duties i.e. that Mr. Minn Naing Oo in the capacity as Registrar has duly verified the arbitral award and the notary public had satisfied himself that the person executing the award was the proper proceeding.;