Challenging and Enforcing Arbitration Awards

Published on Tuesday 15th June 2021

Applicable requirements as to the form of arbitral awards

1. Must an award take any particular form?

Applicable procedural law for recourse against an award

2. Are there provisions governing modification, clarification or correction of an award? Are there provisions governing retractation or revision of an award? Under what circumstances may an award be retracted or revised (for fraud or other reasons)?

3. May an award be appealed to or set aside by the courts? What are the differences between appeals and applications to set aside awards?

Applicable procedural law for setting aside of arbitral awards

4. Is there a time limit for applying for the setting aside of an arbitral award?

5. What kind of arbitral decision can be set aside in your jurisdiction? Can courts set aside partial or interim awards?

6. Which court has jurisdiction over an application for the setting aside of an arbitral award?

7. What documentation is required when applying for the setting aside of an arbitral award?

8. If the required documentation is drafted in a language other than the official language of your jurisdiction, is it necessary to submit a translation with the application for the setting aside of an arbitral award? If yes, in what form must the translation be?

9. What are the other practical requirements relating to the setting aside of an arbitral award? Are there any limitations on the language and length of the submissions and of the documentation filed by the parties?

10. What are the different steps of the proceedings?

11. Do setting-aside proceedings have suspensive effect? May an arbitral award be recognised or enforced pending the setting-aside proceedings in your jurisdiction?

12. What are the grounds on which an arbitral award may be set aside?

13. What is the effect of the decision on the setting-aside application in your jurisdiction? What challenges are available?

14. Will courts take into consideration decisions rendered in the same matter in other jurisdictions or give effect to them?

Applicable procedural law for recognition and enforcement of arbitral awards

15. What is the applicable procedural law for recognition and enforcement of an arbitral award in your jurisdiction? Is your jurisdiction party to treaties facilitating recognition and enforcement of arbitral awards?

16. Is the state a party to the 1958 New York Convention? If yes, what is the date of entry into force of the Convention? Was there any reservation made under Article I(3) of the Convention?

Recognition proceedings

17. Is there a time limit for applying for the recognition and enforcement of an arbitral award?

18. Which court has jurisdiction over an application for recognition and enforcement of an arbitral award?

19. What are the requirements for the court to have jurisdiction over an application for recognition and enforcement and for the application to be admissible? Must the applicant identify assets within the jurisdiction of the court that will be the subject of enforcement for the purpose of recognition proceedings?

20. Are the recognition proceedings in your jurisdiction adversarial or ex parte? What are the different steps of the proceedings?

21. What documentation is required to obtain recognition?

22. If the required documentation is drafted in a language other than the official language of your jurisdiction, is it necessary to submit a translation with an application to obtain recognition? If yes, in what form must the translation be?

23. What are the other practical requirements relating to recognition and enforcement? Are there any limitations on the language and length of the submissions and of the documentation filed by the parties?

24. Do courts recognise and enforce partial or interim awards?

25. What are the grounds on which an arbitral award may be refused recognition? Are the grounds applied by the courts different from those provided under Article V of the New York Convention?

26. What is the effect of a decision recognising an arbitral award in your jurisdiction?

27. What challenges are available against a decision refusing recognition in your jurisdiction?

28. What are the effects of annulment proceedings at the seat of the arbitration on recognition or enforcement proceedings in your jurisdiction?

29. If the courts adjourn the recognition or enforcement proceedings pending annulment proceedings, will the defendant to the recognition or enforcement proceedings be ordered to post security?

30. Is it possible to obtain the recognition and enforcement of an award that has been fully or partly set aside at the seat of the arbitration? If an arbitral award is set aside after the decision recognising the award has been issued, what challenges are available?

Service

31. What is the procedure for service of extrajudicial and judicial documents to a defendant in your jurisdiction? If the extrajudicial and judicial documents are drafted in a language other than the official language of your jurisdiction, is it necessary to serve these documents with a translation?

32. What is the procedure for service of extrajudicial and judicial documents to a defendant outside your jurisdiction? Is it necessary to serve these documents with a translation in the language of this jurisdiction?

Identification of assets

33. Are there any databases or publicly available registers allowing the identification of an award debtor’s assets within your jurisdiction?

34. Are there any proceedings allowing for the disclosure of information about an award debtor within your jurisdiction?

Enforcement proceedings

35. What kinds of assets can be attached within your jurisdiction?

36. Are interim measures against assets available in your jurisdiction?

37. What is the procedure to apply interim measures against assets in your jurisdiction?

38. What is the procedure for interim measures against immovable property within your jurisdiction?

39. What is the procedure for interim measures against movable property within your jurisdiction?

40. What is the procedure for interim measures against intangible property within your jurisdiction?

41. What is the procedure to attach assets in your jurisdiction?

42. What is the procedure for enforcement measures against immovable property within your jurisdiction?

43. What is the procedure for enforcement measures against movable property within your jurisdiction?

44. What is the procedure for enforcement measures against intangible property within your jurisdiction?

45. Is it possible in your jurisdiction to attach bank accounts opened in a branch or subsidiary of a foreign bank located in your jurisdiction or abroad? Is it possible in your jurisdiction to attach the bank accounts opened in a branch or subsidiary of a domestic bank located abroad?

Enforcement against foreign states

46. Are there any rules in your jurisdiction that specifically govern recognition and enforcement of arbitral awards against foreign states?

47. May award creditors apply interim measures against assets owned by a sovereign state?

48. What is the procedure for service of extrajudicial and judicial documents to a foreign state? Is it necessary to serve extrajudicial and judicial documents with a translation in the language of the foreign state?

49. Are assets belonging to a foreign state immune from enforcement in your jurisdiction? Are there exceptions to immunity?

50. Is it possible for a foreign state to waive immunity from enforcement in your jurisdiction? What are the requirements of waiver?

51. Is it possible for a creditor of an award rendered against a foreign state to attach the assets held by an alter ego of the foreign state within your jurisdiction?

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