EU Law and Practice Contributed by: Nathalie Colin, Maria-Clara Van den Bossche, Kevin Xhebexhia and Florence Frühling, Freshfields LLP
4.4 Process of Enforcing Arbitral Awards National law determines the process to be followed for enforcing an arbitral award. Apart from requiring certain formalities (such as providing the original or duly certified copy of the arbitral award and arbitration agreement), the New York Convention itself does not provide procedural rules. Please therefore refer to the national enforcement options and procedures set out in the other chapters of this Global Practice Guide. 4.5 Costs and Time Taken to Enforce Arbitral Awards As mentioned for judgments (see 2.3 Costs and Time Taken to Enforce Domestic Judgments ), the costs and time required for enforcing arbitral awards will also significantly depend on the national jurisdiction in which the arbitral award is being enforced – primar - ily depending on the specific legal procedures and the court system in general. Please refer to the national enforcement options and procedures set out in the other chapters of this Global Practice Guide. Where the New York Convention applies, this naturally reduc - es the costs and time required.
4.6 Challenging Enforcement of Arbitral Awards For the avenues under domestic law to challenge enforcement, please refer to the national chapters of this Global Practice Guide. Where the New York Convention applies, recogni - tion and enforcement of an arbitral award may still be denied based on a limitative list of refusal grounds, including that: • the parties were under some incapacity to enter into the arbitration agreement or the agreement is invalid; • the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings, or was otherwise unable to present its case; • the award deals with matters that were not submit- ted to arbitration; • the composition of the arbitration authority or the arbitration procedure was not in accordance with the parties’ agreement or the law where the arbitra - tion took place; • the award has not yet become binding on the par - ties or has been set aside or suspended; • the subject matter cannot be settled by arbitration under the law where recognition and enforcement are sought; and • the recognition or enforcement of the award would be contrary to the public policy of the country where such recognition or enforcement is sought.
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