MOZAMBIQUE Law and Practice Contributed by: José Miguel Oliveira, Sara Alves Lourenço, Kenny Laisse and Caio de Mello Ferreira, VdA
ment in which the competent jurisdiction is expressly mentioned, as established by Article 99 of the Civil Procedure Code. Article 22 of Law 10/2022 further establishes that Mozambican courts’ jurisdiction cannot be excluded in matters of international maritime law that would be within the jurisdiction of Mozam - bican courts in accordance with Mozambican domestic law, unless the parties are foreigners and if it is a question regarding an obligation that must be performed in a foreign territory and does not relate to assets located, registered or enrolled in Mozambique. 6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading Pursuant to Articles 4(1) and 5(2) of Law No 11/99 of 12 July 1999 (“Law 11/99”), an arbi - tration clause is valid as long as it arises from a written agreement of the parties, and it con - cerns a claim of rights that can be disposed of or waived and that is not attributed to the exclusive jurisdiction of Mozambican courts. For choice of law clauses, see 6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading . 6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards The 1958 New York Convention on the Recogni - tion and Enforcement of Foreign Arbitral Awards is applicable in Mozambique. With regard to domestic law, Articles 1094 to 1096 of the Civil Procedure Code are applicable to the review and confirmation of foreign judg - ments. As a rule, any judgment awarded by a foreign court shall be subject to review and con -
firmation by the Supreme Court in order to be valid and enforceable in Mozambique. The following set of requirements must be met for the review and confirmation of a foreign judg - ment, as set out by Article 1096 of the Civil Pro - cedure Code: • there are no doubts as to the authenticity of the judgment and the intelligibility of its deci - sion; • it must have become a final decision (not subject to appeal) according to the law of the country where the judgment was issued; • it comes from a foreign court whose jurisdic - tion has not been fraudulently acquired and it does not concern a matter of exclusive jurisdiction of the Mozambican courts; • there is no case pending or decided before a Mozambican court, unless the foreign court has prevented jurisdiction; • the defendant has been duly summoned to the proceedings, in accordance with the law of the country of the court of origin, and the principles of adversarial proceedings and equality of the parties have been observed; and • it does not contain a decision whose recogni - tion would lead to a result manifestly incom - patible with the principles of international public policy or international private law of Mozambique. Under domestic law, the grounds for refusing the enforcement of an arbitral award are the same as those set forth for the enforcement of court decisions, which are wider than those of the New York Convention.
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