Enforcement of Arbitral Awards: Country Q&A tool

Search the Country Q&A in the Enforcement of Judgments and Arbitral Awards in Commercial Matters Global Guide: Enforcement of Arbitral Awards by question and jurisdiction.

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Enforcement of arbitral awards

Definitions and preliminary proceedings

1. What is the definition of an arbitral award in your jurisdiction for the purpose of enforcement proceedings?
 
2. Are decisions in preliminary/provisional proceedings recognised and enforceable?

Applicable conventions

3. What conventions is your jurisdiction a contracting party to?

Enforcing awards

4. What is the applicable statutory framework for enforcement of awards?
 
5. What are the grounds for refusing enforcement?
 
6. Is the enforcing court required to examine the refusal grounds during the enforcement proceedings ex officio?
 
7. What is the effect of pending challenge proceedings in the foreign state where the decision is granted?
 
8. What types of arbitral awards are enforceable?
 
9. Can parties seek to enforce only part of the award?
 
10. Are any class of awards excluded from recognition and enforcement? If so, what types of awards?
 
11. Will service that does not conform to the requirements of international treaties/regulations in force automatically result in a denial of the enforcement of a judgment/award/deed?
 
12. What methods of service are not acceptable against defendants domiciled in the State where enforcement is sought?
 

Public policy

13. Which country's public policy applies? Does the court approach the issue differently depending on whether the award is a domestic or international award?
 
14. In which cases and against which awards has the principle of public policy generally been applied?
 

Enforcement proceedings

Procedure

15. What is the procedure for enforcing arbitral awards?
 
16. Can the enforcing court review the foreign award if all formalities were complied with and if the award meets all requirements?

Formalities

17. What are the documentary requirements for enforcement?
 
18. Is it required to translate the award into the language of the State where enforcement is requested?
 
19. What is the format of the application for a declaration of enforceability?
 
20. What information must be included in the application regarding the award, the claim as awarded in the award, the facts and legal grounds of the case, and that the judgment is no longer appealable?
 
21. Is it possible to request the enforcing court for provisional measures pending the enforcement proceedings?
 
22. Is it required to convert the value of the award into the local currency?
 
23. Can the enforcing court stay the enforcement proceedings pending the outcome of proceedings to set aside the award at the seat of arbitration? If so, will the court order the party seeking the stay to provide security?
 

Actual enforcement

24. What is the enforcement procedure when a declaration of enforceability is granted?
 
25. Can defendants oppose the actual enforcement procedure, and if so, on what grounds/defences?
 

Proposals for reform

26. Are any changes to the law currently under consideration or being proposed?
 
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