Domestic arbitral awards are recognised as valid and enforced under the auspices of national law. Awards rendered by international or foreign tribunals are recognised and enforced under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “New York Convention”).
The New York Convention provides for standards for the recognition of arbitration agreements and enforcement of arbitral awards. Its Status Map shows that the instrument has been signed by the vast majority of countries – thus making the enforcement of foreign arbitral awards possible virtually everywhere in the world.
The requirements under the New York Convention for enforcement of foreign awards are:
- the arbitration agreement must be valid;
- the party against whom the award is enforced has been given proper notice of the arbitration and the opportunity to present its case;
- the arbitral tribunal had jurisdiction over the dispute;
- the arbitration was conducted in accordance with the agreement of the parties and applicable procedural rules;
- the award is binding on the parties;
- the dispute is arbitrable under the law of the country in which enforcement is sought; and finally
- the enforcement of the award is not contrary to the public policy of the country in which enforcement is sought.
Although the New York Convention sets the general standards for recognition and enforcement of foreign awards, the actual proceedings will be conducted under the requirements of the national procedural law of the forum in which enforcement is sought.
BODENHEIMER HERZBERG REPRESENTATIVE MATTERS AS PARTIES’ COUNSEL
Represented a multinational online media agency in exequatur and ensuing enforcement proceedings against advertisers from, inter alia, Uruguay, Canada, and Hong Kong, before the German state courts, in relation to enforcement of ICC awards
Represented a German manufacturer of logistics systems in exequatur proceedings under the New York Convention before the German state courts against a Turkish business partner
Represented a German company in exequatur proceedings before the Upper Regional Court of Munich, in relation to the enforcement of an ICC award rendered in Switzerland against a Turkish counterparty
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