BELIZE Law and Practice Contributed by: Nigel Ebanks and Darinka Muñoz, Barrow and Williams LLP
In addition, a court may refuse to enforce a foreign award if it considers that the award has not been made: • in pursuance of an agreement for arbitration that was valid under the law by which it was governed; • by the tribunal provided for in the agreement or constituted in a manner agreed upon by the par- ties; or • in conformity with the law governing the arbitration procedure. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration Generally, a “local” or domestic award may, by leave of the High Court, be enforced in the same manner as a judgment or order to the same effect. A foreign award is enforceable in Belize either by action or in the same way as one would enforce a domestic award. Specifically, a foreign award may likewise be enforced, by leave of the court, in the same manner as a judg- ment or order to the same effect. Enforcing Foreign Awards A foreign arbitral award is enforceable in Belize under the Arbitration Act if it was made pursuant to a valid arbitration agreement, by a duly constituted tribunal, in accordance with the governing law, and if it has become final at the seat of arbitration and concerns matters that may be lawfully arbitrated under Belizean law. Enforcement will be refused if the award is con- trary to public policy or the law of Belize. To enforce such an award, the applicant must submit: • the original award or a copy thereof duly authen- ticated in the manner required by the law of the country in which it was made; • evidence proving that the award has become final; and • such evidence as may be necessary to prove that the award is a foreign award and that the condi- tions mentioned above are satisfied. Under Parts 43.10 to 43.12 of the Rules, the process requires the filing of a fixed date claim form supported by affidavit evidence exhibiting:
• the original or duly authenticated copy of the award and, if necessary, a certified English translation; • the arbitration agreement or certified copy; • particulars of the date and place of the proceed- ings, the amount due and the interest accrued; and • a statement confirming that the award remains unsatisfied. Once recognised, the award has the same force and effect as a High Court judgment, including those issued by approved foreign or convention-based tri- bunals. Convention Awards Convention awards may be enforced in the same manner as a judgment, by leave of the High Court. However, enforcement may be refused if the person against whom it is invoked proves that: • a party to the arbitration agreement lacked capac- ity (under the law applicable to them); • the arbitration agreement was invalid under the law to which the parties subjected it or under the law of the country where the award was made; • there was no proper notice or opportunity to be heard; • the award exceeded the tribunal’s mandate; • the tribunal was improperly constituted; or • the award is not yet final or has been set aside at the seat of arbitration. Enforcement of a Convention award may also be refused if the subject matter is non-arbitrable, or if recognition would contravene Belizean public policy. 14. Outlook 14.1 Proposals for Dispute Resolution Reform There are no current proposals for any dispute resolu- tion reform. However, the Essential Services Arbitra- tion Tribunal has recently been reconvened to settle trade disputes related to essential services such as electricity, health, finance, water and other similar ser- vices, in accordance with the Settlement of Disputes (Essential Services) Act, 2020.
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