Recognition and enforcement of arbitral awards
An arbitral award may be submitted for recognition and enforcement in accordance with applicable national and international procedures.
General logic
Enforcement depends on the seat of arbitration, the country where enforcement is sought, the applicable procedural rules and the documents provided by the party.
Award
The final arbitral award is the key document for enforcement.
Arbitration agreement
The arbitration clause or separate agreement confirms the basis for arbitration.
Translation
A translation may be required depending on the jurisdiction of enforcement.
Competent court
Recognition or enforcement is usually requested before the competent court of the relevant country.
What should be checked
Before commencing enforcement, it is important to check formal requirements and possible grounds for refusal.
Proper notice
Whether the respondent was properly notified of the proceedings.
Jurisdiction
Whether the tribunal acted within the scope of the arbitration agreement.
Public policy
Some jurisdictions may review compliance with fundamental legal principles.
Document package
The award, arbitration agreement, translations and evidence of authority may be required.