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Challenging and Enforcing Arbitration Awards 2019

Last verified on Monday 2nd September 2019

Mexico

Adrián Magallanes Pérez and David Ament

    Applicable requirements as to form of arbitral awards

  1. 1.

    Must an award take any particular form (eg, in writing, signed, dated, place, the need for reasons, delivery)?

    1. Pursuant to the Mexican Commerce Code (the Commerce Code), all arbitral awards must be in writing and signed by the arbitrators, indicating the seat of  the arbitration and the date on which it was signed. If  there is more than one arbitrator, only the signatures of  the majority are necessary. However, the award must include the reasons why any arbitrators failed to sign. The award must also contain the reasons for the decision, unless the parties have agreed otherwise or settled their dispute.

    Applicable procedural law for recourse against an award

  2. 2.

    Are there provisions governing modification, clarification or correction of an award?

    1. Parties may request the correction of miscalculations, typographical errors or other types of  formal mistakes up to 30 days after the parties have been notified that the award has been issued. If the arbitral tribunal identifies any mistakes itself, it can make the necessary corrections on its own initiative. 

      The parties may request an interpretation of  a specific point or section of  the award. If  the arbitral tribunal considers this request is justified, it will issue its interpretation of  the award within 30 days of  the request. This interpretation is considered to be part of  the award.

    Applicable procedural law for recognition and enforcement of arbitral awards

  3. 3.

    May an award be appealed to or set aside by the courts? If so, on what grounds and what procedures? What are the differences between appeals and applications for set-aside?

    1. Under Mexican law, an appeal seeks to overturn or modify the decision contained in the award. The setting aside procedure seeks to render the award null and to prevent it from being enforced. 

      As a general rule, an arbitral award may not be appealed. Under the Commerce Code, awards are considered binding and final, unless otherwise agreed by the parties. It is rare that parties agree to an appeal mechanism under Mexican law and practice.

      Arbitral awards can be set aside by a local or federal court in any of  the following situations:

      • one of  the parties to the arbitration agreement was not legally capable;
      • the arbitral agreement was not valid under the law to which the parties have subjected it or, in the absence of an agreement, to Mexican law;
      • the party was not given proper notice of   the appointment of   an arbitrator or the arbitral proceedings, or was unable to enforce its rights for any reason;
      • the award deals with issues not included or falling outside the scope of the arbitration agreement;
      • the constitution of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of  the parties;
      • the subject matter of  the procedure was not arbitrable; or
      • the award breaches public policy.

      The judgment issued by the court in a setting aside procedure cannot be appealed, but can be challenged through an amparo claim by federal courts.

  4. 4.

    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?

    1. The recognition and enforcement of arbitral awards in Mexico is governed by the provisions contained in the Fourth Title, entitled “Commercial Arbitration”, of the Fifth Book, entitled “Commercial Trials”, of the Commerce Code, which was amended in 1993 to incorporate, with only a few minor modifications, the United Nations Commission on International Trade Law (UNCITRAL) Model Law of 1985 as Mexico’s arbitration law. In 2011, the Commerce Code was amended again to incorporate some of the 2006 amendments to the provisions of the Model Law.

      Regarding multilateral treaties facilitating recognition and enforcement of  arbitral awards, Mexico is a party to the New York Convention of  1958, ratified in 1971, the Inter-American Convention on International Commercial Arbitration (Panama Convention), ratified on October 1977, the Inter-American Convention of  Extraterritorial Validity of  Foreign Judgments and Arbitral Awards (Montevideo Convention), ratified in 1987, and the Convention on the Settlement of   Investment Disputes between States and Nationals of Other States (ICSID Convention), which entered into force in 2018. 

      Regarding bilateral treaties on arbitration, Mexico is a party to the Convention on the Recognition and Enforcement of   Foreign Judgments and Arbitral Awards in Civil and Commercial Matters with the Kingdom of  Spain since 1992.

  5. 5.

    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?

    1. Yes.  The Convention was ratified in 1971 and published in the Federal Official Gazette on 22 June 1971. Mexico made no declarations or reservations. 

    Recognition proceedings

  6. 6.

    Which court has jurisdiction over an application for recognition and enforcement of arbitral awards?

    1. Mexico is a federal state. There is a federal judiciary branch and a local judiciary branch in each one of the 32 states. First instance civil courts, both federal and local, have jurisdiction to hear of arbitration-related matters. The claimant can choose whether to file the application before a federal or a local court.

      The court that has jurisdiction over an application for the recognition and enforcement of  an arbitral award is the first instance court of  the place of the seat of  the arbitration. If  the seat of  arbitration is not in Mexico, then the first instance court of  the place of residence of  the party against which the arbitral award is to be enforced or, in the absence of  any such domicile, the court of the place where the assets are located (article 1422, Commerce Code, incorporating  article 6, Model Law). 

  7. 7.

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

    1. For a court to have jurisdiction over an application for the recognition and enforcement of arbitral awards, the seat of the arbitration must be within the territorial jurisdiction of the court or the place of residence of the party against which the arbitral award is to be enforced or its assets must be within that jurisdiction.

      The applicant is not necessarily required to identify assets within the jurisdiction of the court for the purpose of recognition proceedings. However, it must present to the court the original arbitration agreement and the award.

  8. 8.

    Are the recognition proceedings in your jurisdiction adversarial or ex parte?

    1. Recognition proceedings in Mexico are adversarial in all cases. To obtain the recognition of  an arbitral award, it is necessary to process a special proceeding for commercial settlements and arbitration in which both parties have the opportunity to provide evidence and present arguments. 

  9. 9.

    What documentation is required to obtain the recognition of an arbitral award?

    1. To recognise and enforce an arbitral award in Mexico, the interested party must file a request for recognition and enforcement containing (i) the original arbitration agreement or a certified copy of it, (ii) the original award duly authenticated or a certified copy of it, and (iii) if either the award or the agreement to arbitrate is not in Spanish, a certified translation of that document. 

  10. 10.

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

    1. If   the award or the agreement to arbitrate is not in Spanish, the party requesting recognition of   the award must file a translation certified by a translation expert approved by the Mexican government (article 1461, Commerce Code).  These experts must be certified by the federal or local judiciary, and must hold an official government seal. 

  11. 11.

    What are the other practical requirements relating to recognition and enforcement of arbitral awards?

    1. There are no additional requirements for the recognition and enforcement of  arbitral awards. However, note that the interested party is not required to pay costs or fees to the court. Also, the burden of  proof to demonstrate the existence of   grounds to refuse the recognition and enforcement is not on the requesting party, but on the party opposing the enforcement, with the exception of  cases that require an ex officio analysis by the court (see question 13).

  12. 12.

    Do courts recognise and enforce partial or interim awards?

    1. Mexican courts do recognise and enforce partial and interim awards. The Commerce Code makes no distinction between interim or partial and final awards for recognition purposes. Also, Mexican courts may enforce provisional measures without regard to whether interim relief was obtained through an order or a preliminary award.

  13. 13.

    What are the grounds on which an award may be refused recognition? Are the grounds applied by the courts different from the ones provided under article V of the Convention?

    1. A court may deny recognition and enforcement of  an award under Mexican law for the following limited reasons established in article 1462 of  the Commerce Code, which mirror those provided for in article V in the New York Convention and article 36 of  the Model Law, namely:

      • the arbitration agreement was invalid or the parties lacked the legal capacity to make the agreement;
      • the appointing authority did not give a party proper notice of  the appointment of  the arbitrator or of  the arbitration proceedings, or a party was otherwise unable to present its case;
      • the award deals with a matter not provided for by or falling within the terms of  the arbitration agreement;
      • the constitution of the arbitral tribunal or arbitral procedure breaches the parties’ agreement or (absent any such agreement) the law of  the seat of  arbitration; 
      • the award is not binding at the seat of  arbitration or was set aside by a court at the seat of  arbitration; 
      • the subject matter of the parties’ dispute is not arbitrable under Mexican law; and 
      • recognition or enforcement of the award goes against public policy.

      The first five grounds may only be raised and proven by the party opposing enforcement of the award. Mexican courts may raise the last two grounds ex officio.

      The court has discretion on whether to enforce an award despite the confirmation of one of the grounds mentioned. However, we are unaware of any cases in which a Mexican court decided to exercise this discretion.

  14. 14.

    What is the effect of a decision recognising the award in your jurisdiction? Is it immediately enforceable? What challenges are available against a decision recognising an arbitral award in your jurisdiction?

    1. The effect of a decision recognising the award in Mexico is that the award is immediately enforceable.

      No ordinary remedies against a decision recognising an arbitral award are available. However, the party against whom the award is to be enforced may file an amparo claim against the court’s judgment arguing violations to human rights as recognised in the Mexican Constitution and international treaties. A collegiate circuit court has jurisdiction to rule on the amparo claim. However, it cannot rule on the merits of  the award.

      The court inwhich the amparo proceeding is brought must examine whether the judicial ruling that is challenged has been correctly issued, and indicate, if such is the case, that the judge incorrectly evaluated the grounds to refuse recognition of the award. 

  15. 15.

    What challenges are available against a decision refusing to recognise an arbitral award in your jurisdiction?

    1. A decision refusing to enforce an arbitral award cannot be challenged through ordinary remedies. The only available procedural remedy is the amparo trial before a collegiate circuit court, alleging violations to human rights (most of the times parties allege violations to the principle of legality) committed by the court which decided not to recognise and enforce the award. Under no circumstances is the amparo court or the first instance court allowed to review the substance of the award.

  16. 16.

    Will the courts adjourn the recognition or enforcement proceedings pending the outcome of annulment proceedings at the seat of the arbitration? What trends, if any, are suggested by recent decisions? What are the factors considered by courts to adjourn recognition or enforcement?

    1. If the outcome of annulment proceedings at the seat of the arbitration is pending, the court that receives an application to obtain recognition or enforcement of the award may adjourn the proceeding, if it deems it appropriate under the circumstances (article 1463 of the Commerce Code). 

      There has not been a clear trend arising from recent decisions. There have been cases in which courts refuse to adjourn and others in which they have suspended the proceeding. The main factor usually considered by courts to adjourn the recognition or enforcement is that the court that will rule on the annulment proceeding assumed jurisdiction properly.  

  17. 17.

    If the courts adjourn the recognition or enforcement proceedings pending the annulment proceedings, will the defendant to the recognition or enforcement proceedings be ordered to post security? What are the factors considered by courts to order security? Based on recent case law, what are the form and amount of the security to be posted by the party resisting enforcement?

    1. If a Mexican court decides to adjourn the recognition or enforcement proceedings pending the annulment proceedings, the claimant may request the court to order the defendant to be ordered to post security.

      The court has discretion to decide the amount of the security to be posted by the party resisting enforcement. The security usually consists in deposit-in-court certificates or surety bonds. If the award relates to a money claim, courts will usually order to post annual renewal security in an amount equal to the applicable interest rate on the principal amount. 

  18. 18.

    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? In case the award is set aside after the decision recognising the award has been issued, what challenges are available against this decision?

    1. Mexican courts have discretionary powers to decide whether to enforce an award that has been set aside in a different jurisdiction (article 1462, section I, subsection (e), Commerce Code). In any event, the party against whom the award is to be enforced must prove that it has been set aside or declared void by the courts at the seat of  arbitration in order for the Mexican court to decide whether it will refuse to recognise or enforce the award. 

      The procedural remedy against a decision to enforce an award before a decision to set aside the award has been issued would be an amparo claim, arguing violations to human rights (such as a violation of   the principle of  legality). However, to our knowledge, there is no case on this matter.

    Service

  19. 19.

    What is the applicable procedure for service of extrajudicial and judicial documents to a defendant in your jurisdiction?

    1. All service of  documents regarding judicial proceedings is performed by the personnel of  the competent court. Notification of  judicial documents to the parties involved is subject to strict procedural rules, and the court officer that summons the defendant has authority under statutory law to fully certify whether the summons was performed. Service of process is always performed by summons with notice. 

      All the parties in the proceedings for the enforcement and recognition of arbitral awards are required to choose an address where the tribunal’s communications can be received in their first writ filed before the court (article 1473 of the Commerce Code). In all other cases, or when a personal notification cannot be performed or is not necessary, the communications are notified to the parties by the other methods provided in the Commerce Code (by publication of the communication in a judicial newsletter, publication in edicts, certified mail or certified telegraph). 

      As for the service of extrajudicial documents, there is no specific formality that must be satisfied. However, the enforcement proceeding regulated under the Commerce Code does not provide for an instance in which parties shall notify each other or communicate through extrajudicial methods.

  20. 20.

    What is the applicable procedure for service of extrajudicial and judicial documents to a defendant out of your jurisdiction?

    1. Articles 1071 and 1072 of the Commerce Code provide the rules applicable to the service of documents in places different from the place of the proceedings, but within the country. This procedure mainly consists in the emission of a rogatory letter requesting the help of the competent judge or other relevant judicial authority in the place where the communication is to be delivered. 

      Articles 1073 and 1074 of the Commerce Code govern the procedure for the service of documents outside the country. This procedure provides for the remittance of the communication as a rogatory letter through the Mexican Foreign Service. It also establishes the minimum formal requirements that the rogatory letter must have in order to be valid.

      Only personal notices to the parties are subject to this procedure. Regarding non-personal notices, the other methods of service of documents provided in the Commerce Code will apply (publication of the communication in a judicial newsletter, publication in edicts, certified mail or certified telegraph). These latter methods are usually used for communicating decisions that do not affect the substantive rights of the parties.

    Identification of assets

  21. 21.

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

    1. Each state in Mexico has its own real estate public registry and a corresponding public registry of  commerce. The former consists of  a database, which is available to the public, showing who holds the ownership of  immovable property. This consists of  a database, also available to the public, of  all the relevant information pertaining a company, such as its assets, minutes, shareholders and managers.

  22. 22.

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

    1. Information about private companies or entities, such as bank accounts and company shares, can be requested to those who hold them by means of a court order. 

    Enforcement proceedings

  23. 23.

    Are interim measures against assets available in your jurisdiction? May award creditors apply such interim measures against assets owned by a sovereign state?

    1. The procedure regarding the application, granting and enforcement of interim measures can be found in articles 1425 and 1478 to 1480 of the Commerce Code. Interim measures can be granted before or during the arbitration proceedings, as well as during the proceedings for the enforcement of the arbitral award. Interim measures can be granted either by a court (article 1425) or by an arbitral tribunal (article 1479).

      According to articles 1470, section III, 1425 and 1478 of the Commerce Code, there is no limitation in Mexican Law as to which measures can be granted for the sake of the enforcement of the arbitral award (article 1478).  

      As regards  application of interim measures in Mexico against assets owned by a sovereign state, the Mexican Supreme Court of Justice has held that they have immunity, unless the assets are property used for a private purpose and not related to the exercise of sovereign powers.

      The Mexican government and government entities enjoy full immunity over their assets, and they cannot be attached under article 4 of the Federal Code of  Civil Procedure and articles 4 and 13 of  the National Assets Act. However, in a recent case before the Mexican Supreme Court, the subject matter of  the dispute was the constitutionality of  these legal provisions. The case involved the Federal Commission of Electricity and the predicted judgment, which was published, was in favour of  declaring these provisions as unconstitutional. Unfortunately, the case was settled by the Federal Commission of  Electricity before the draft of  the judgment came to a vote by the justices. Hence, this judgment was never entered. 

  24. 24.

    What is the procedure to apply interim measures against assets in your jurisdiction? Is it a requirement to obtain prior court authorisation before applying interim measures? If yes, are such proceedings ex parte?

    1. When an interim measure that has already been ordered by a Mexican court is not willingly complied with by a party, another order from the competent court is still necessary to enforce it. This procedure is not ex parte, and could probably imply criminal liability for contempt.    

      The procedure for requesting interim relief from a Mexican court in support of an arbitration procedure – or for requesting the recognition of an interim measure granted by an arbitral tribunal – begins by filing a written motion before the competent court. Afterwards, the other party against whom the interim measure is to be enforced (or recognised) is summoned to the proceedings in order for it to present its defence. Finally, after giving the parties the opportunity to produce evidence, the court renders its decision on whether the interim measure will be granted (or recognised) or not.   

      There has been extensive discussion among practitioners on whether is it appropriate to summon the other party to the proceedings before deciding if the interim measure will be granted, under the argument that this could make the whole purpose of said measure pointless since the procedure usually takes a long time, and thus risking losing precisely what the interim measure seeks to protect.   

      There have been cases in which the courts have granted interim relief at the very beginning of the proceeding before summoning the defendant. In said cases, the interim relief is kept in force throughout the procedure pertaining the injunction application, and in the final judgment, the court decides whether it will maintain the interim measures for the duration of the arbitration.   

  25. 25.

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

    1. There is no specific procedure for recognising or enforcing interim measures against immovable property. The interim measure only needs to be requested by the interested party to the competent court for it to be granted (or recognised when dealing with an interim measure granted by an arbitral tribunal) in the final judgment issued by the court in the special action for commercial transactions and arbitration. Once the judge issues his or her ruling, notice of the judgment will be registered in the deed of said property located in the public registry.

  26. 26.

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

    1. There is no specific procedure for recognising or requesting interim measures against movable property. 

  27. 27.

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

    1. There is no specific procedure for recognising or requesting interim measures against intangible property. 

  28. 28.

    What is the procedure to attach assets in your jurisdiction? Is it a requirement to obtain prior court authorisation before attaching assets? If yes, are such proceedings ex parte?

    1. The procedure to attach assets is not ex parte and a court order is always required. Once the competent court has granted the interim measure (or recognised it), it will then order the attachment of the relevant property. The specific attachment procedure depends mainly on whether the property dealt with is immovable, moveble or intangible. 

  29. 29.

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

    1. Once an interim measure has been granted (or recognised if granted by an arbitral tribunal) by the competent court, said court will also order the corresponding public real estate registry to register the attachment of the immovable property.

  30. 30.

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

    1. Only an order from the court requesting the attachment is necessary for the enforcement of the interim measure and its subsequent attachment. However, it is also possible, seeking legal certainty, to request the competent court to order the Secured Transactions Registries to registry the attachment of the movable property. 

  31. 31.

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

    1. It is necessary to obtain an order from a court for the enforcement of the measure and the subsequent attachment of intangible property. The specific steps to be taken after the court orders the attachment of intangible property depends on the type of asset that is going to be attached.    

      As regards intellectual property, trademarks and patents, it is possible to obtain an order requesting the National Copyright Institute to register the attachment over the incomes produced by intellectual property (articles 32 and 41 of the Copyright Federal Law) or to order the Mexican Institute of Industrial Property to register the attachment over trademarks and patents (article 143 of the Industrial Property Law).                                                     

      As regards case values of corporations, the procedure is different depending on whether the corporation is listed in the stock market. If it is a private corporation with shares not listed in the stock market, the court will order the Management Body of the corporation to register the attachment in the book of registered shareholders (articles 73 and 128 of the General Law of Business Corporations). In the case of shares of corporations listed in the stock market, the competent court can order the brokerage firm with whom the shareholder has a securities trading agreement to register the attachment (article 292 of the Securities Market Law). 

    Enforcement against foreign states

  32. 32.

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

    1. Even though there is no specific statutory regulation in Mexican law regarding immunity, the Mexican Supreme Court of Justice has established in prior rulings that foreign states have sovereign immunity and therefore Mexican courts cannot exercise jurisdiction. However, this immunity only applies with respect to their sovereign or public acts or assets, but not with respect to their private acts or assets (such as commercial transactions), since in this case the foreign state and its agents could be held liable to the same extent as a private individual would.   

      In 2005, a legislative initiative was presented in the Senate entitled the Law on State Jurisdiction Immunity but was not approved. In fact, it was discarded a year later.  

      In 2015, Mexico ratified the United Nations Convention on Jurisdictional Immunities of States and their Properties, which recognises that the signatory states enjoy immunity with regards to itself and its property, from the jurisdiction of the courts of another state, except regarding commercial transactions, contracts of employment, personal injuries and damage to property, ownership, possession and use of property, intellectual and industrial property, participation in companies or other collective bodies, ships owned or operated by a state and arbitration agreements. 

  33. 33.

    What is the applicable procedure for service of extrajudicial and judicial documents to a foreign state?

    1. The procedure for the service of extrajudicial and judicial documents to a foreign state is established in articles 549 to 556 of the Mexican Civil Code of Procedure and articles 1073 and 1074 of the Mexican Commerce Code. 

      The provisions state that in order to serve documents outside the country, the competent Mexican court must send a rogatory letter through the Mexican Foreign Service. Those provisions also establish several minimum formal requirements that the rogatory letter must satisfy to be valid.

  34. 34.

    Are assets belonging to a foreign state immune from enforcement in your jurisdiction? If yes, are there exceptions to such immunity?

    1. Foreign state entities enjoy sovereign immunity over assets situated on Mexican territory, except if such assets consist in property used for a private purpose and not in the exercise of sovereign powers. Among the protected assets are the premises of the diplomatic mission, their furnishings and other property thereon, as well as the means of transportation of the mission, which are immune from search, requisition, attachment or execution (article 22 of the 1961 Vienna Convention on Diplomatic Relations).

  35. 35.

    Is it possible for a foreign state to waive immunity from enforcement in your jurisdiction? If yes, what are the requirements of such waiver?

    1. To our knowledge, no such case has been brought before Mexican courts; however, there is no reason that leads one to believe that a waiver would not be valid as long as it is made expressly in precise and clear terms (article 7 of the Federal Civil Code). 

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Questions

    Applicable requirements as to form of arbitral awards

  1. 1.

    Must an award take any particular form (eg, in writing, signed, dated, place, the need for reasons, delivery)?


  2. Applicable procedural law for recourse against an award

  3. 2.

    Are there provisions governing modification, clarification or correction of an award?


  4. Applicable procedural law for recognition and enforcement of arbitral awards

  5. 3.

    May an award be appealed to or set aside by the courts? If so, on what grounds and what procedures? What are the differences between appeals and applications for set-aside?


  6. 4.

    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?


  7. 5.

    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?


  8. Recognition proceedings

  9. 6.

    Which court has jurisdiction over an application for recognition and enforcement of arbitral awards?


  10. 7.

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


  11. 8.

    Are the recognition proceedings in your jurisdiction adversarial or ex parte?


  12. 9.

    What documentation is required to obtain the recognition of an arbitral award?


  13. 10.

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


  14. 11.

    What are the other practical requirements relating to recognition and enforcement of arbitral awards?


  15. 12.

    Do courts recognise and enforce partial or interim awards?


  16. 13.

    What are the grounds on which an award may be refused recognition? Are the grounds applied by the courts different from the ones provided under article V of the Convention?


  17. 14.

    What is the effect of a decision recognising the award in your jurisdiction? Is it immediately enforceable? What challenges are available against a decision recognising an arbitral award in your jurisdiction?


  18. 15.

    What challenges are available against a decision refusing to recognise an arbitral award in your jurisdiction?


  19. 16.

    Will the courts adjourn the recognition or enforcement proceedings pending the outcome of annulment proceedings at the seat of the arbitration? What trends, if any, are suggested by recent decisions? What are the factors considered by courts to adjourn recognition or enforcement?


  20. 17.

    If the courts adjourn the recognition or enforcement proceedings pending the annulment proceedings, will the defendant to the recognition or enforcement proceedings be ordered to post security? What are the factors considered by courts to order security? Based on recent case law, what are the form and amount of the security to be posted by the party resisting enforcement?


  21. 18.

    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? In case the award is set aside after the decision recognising the award has been issued, what challenges are available against this decision?


  22. Service

  23. 19.

    What is the applicable procedure for service of extrajudicial and judicial documents to a defendant in your jurisdiction?


  24. 20.

    What is the applicable procedure for service of extrajudicial and judicial documents to a defendant out of your jurisdiction?


  25. Identification of assets

  26. 21.

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


  27. 22.

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


  28. Enforcement proceedings

  29. 23.

    Are interim measures against assets available in your jurisdiction? May award creditors apply such interim measures against assets owned by a sovereign state?


  30. 24.

    What is the procedure to apply interim measures against assets in your jurisdiction? Is it a requirement to obtain prior court authorisation before applying interim measures? If yes, are such proceedings ex parte?


  31. 25.

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


  32. 26.

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


  33. 27.

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


  34. 28.

    What is the procedure to attach assets in your jurisdiction? Is it a requirement to obtain prior court authorisation before attaching assets? If yes, are such proceedings ex parte?


  35. 29.

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


  36. 30.

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


  37. 31.

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


  38. Enforcement against foreign states

  39. 32.

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


  40. 33.

    What is the applicable procedure for service of extrajudicial and judicial documents to a foreign state?


  41. 34.

    Are assets belonging to a foreign state immune from enforcement in your jurisdiction? If yes, are there exceptions to such immunity?


  42. 35.

    Is it possible for a foreign state to waive immunity from enforcement in your jurisdiction? If yes, what are the requirements of such waiver?