EU Law and Practice Contributed by: Nathalie Colin, Florence Frühling and Niels Depaepe, Freshfields
4. Arbitral Awards 4.1 Legal Issues Concerning Enforcement of Arbitral Awards Please refer to the national sections of this Global Practice Guide for a detailed outline of the issues that could arise when enforcing arbitral awards in the respective national jurisdictions. One of the key legislative instruments limiting issues regarding the enforcement of foreign arbitral awards is the 1958 Convention on the Recognition and Enforce - ment of Foreign Arbitral Awards (the “New York Con - vention”). The New York Convention is adopted by numerous jurisdictions, including the member states of the EU. Enforcement can only be refused on a limited number of grounds at the request of a party or by the competent authority where enforcement is sought (see 4.6 Challenging Enforcement of Arbitral Awards ). Furthermore, the UNCITRAL Model Law on Interna - tional Commercial Arbitration (the “UNCITRAL Model Law”) constitutes a basis for the harmonisation and improvement of national legislation concerning inter - national commercial arbitration. However, please refer to the national sections of this Global Practice Guide on whether and to what extent the national jurisdic - tions have implemented the UNCITRAL Model Law. 4.2 Variations in Approach to Enforcement of Arbitral Awards A distinction must be made between “domestic” or “national” awards and “international” or “foreign” awards, respectively rendered in and outside the state where enforcement is sought. For purposes of enforcement, some countries may treat these awards as equal, whereas other countries may provide for a separate set of rules for each type. As for foreign arbitral awards, the New York Conven - tion greatly facilitates recognition and enforcement, owing to the large number of countries that have rati - fied it.
4.3 Categories of Arbitral Awards Not Enforced Another difference in enforcement for different types of arbitral awards concerns the enforcement of interim awards. Since the New York Convention only applies to final awards, this would not serve as a solution for the enforcement of interim awards. The UNCITRAL Model Law, however, provides for specific rules for the enforcement of interim awards. These rules do not differ much from the rules regarding the enforcement of final arbitral awards, but several conditions were added, such as that the interim award cannot have been overruled. Of course, it is to be verified if and to what extent national law has implemented the UNCI - TRAL Model Law or otherwise provides for specific rules relating to interim awards. 4.4 Process of Enforcing Arbitral Awards National law determines the process to be followed for enforcing an arbitral award. Apart from providing for 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 for 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 was 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 jurisdic - tion in which the arbitral award is being enforced – primarily 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 reduces 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.
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