Cases of Refusal to Recognize or Enforce Arbitral Awards

the cases of refusal to recognize or enforce an arbitral award are stipulated as follows:

- The recognition or enforcement of the arbitral award, regardless of the country where it was rendered, may only be refused in the following cases:

- Upon the request of the party against whom the award is invoked, if that party furnishes the competent court where recognition or enforcement is sought with proof that:- A party to the arbitration agreement under Article 7 was under some incapacity; or the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or- The party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present their case; or- The award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration; provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or- The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or- The award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, that award was made.- If the court finds that:- The subject matter of the dispute is not capable of settlement by arbitration under the law of this country; or- The recognition or enforcement of the award would be contrary to the public policy of this country.

- If an application for setting aside or suspension of the award has been made to a court under paragraph (1) (a) (v) of Article 35 of the UNICTRAL Model Law on International Commercial Arbitration 1985, the court where recognition and enforcement is sought may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security.

More details can be found in: UNICTRAL Model Law on International Commercial Arbitration 1985.

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