Introduction to the enforcement regime in Guernsey Guernsey’s recognition and enforcement of arbitral awards is statutory. The Arbitration (Guernsey) Law 2016 (the 2016 Law) modernised local arbitration to align with leading jurisdictions, while the Arbitration (Guernsey) Law 1982 (the 1982 Law) deal with domestic arbitration proceedings and the enforcement of arbitral awards (including domestic, foreign and New York Convention Awards). The Royal Court has also issued the Royal Court (Arbitration) (Guernsey) Rules 1983 (the Rules), which set out how applications under the arbitration laws should be made. Guernsey is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), the territorial application of which was extended to Guernsey in 1985. The recognition and enforcement of awards made pursuant to an arbitration agreement in the territory of a state which is a party to the New York Convention (New York Convention Awards) is now incorporated into Guernsey law by the 2016 Law, while the 1982 Law continues to provide for the recognition

The recognition and enforcement of arbitral awards in India is primarily governed by the Arbitration and Conciliation Act 1996 (ACA 1996) (as amended) as well as the Code of Civil Procedure 1908 (CPC). Domestic and foreign awards are enforced in the same manner as a decree of the Indian court. This is true even for consent awards obtained pursuant to a settlement between parties. However, there is a distinction in the process for enforcement of an award, based on the seat of arbitration. While the enforcement and execution of an Indian-seated arbitral award (a domestic award) would be governed by the provisions of ACA 1996, Pt I, enforcement of foreign seated awards (or foreign awards) would be governed by the provisions of ACA 1996, Pt II. ACA 1996, Pt II incorporates and gives effect to the provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention) and the Convention on the Execution of Foreign Arbitral Awards

Enforcement under Indonesia’s Arbitration Law Indonesia’s Law Concerning Arbitration and Alternative Dispute Resolution, Law No. 30 of 1999 (the Arbitration Law) draws a distinction between international and domestic arbitral awards. Arbitrations seated in Indonesia are regarded as domestic while those seated outside Indonesia are considered international. A recent Constitutional Court Decision No. 100/PUU-XXII/2024 has further affirmed this. The enforcement procedure differs depending on whether an award is international or domestic; this Practice Note considers the process for enforcing international awards. The enforcement procedure in Indonesia Indonesia has ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) (subject to reciprocity and commercial exceptions), which, among other things, provides for the enforcement in a signatory state of arbitral awards made in the territory of another signatory state. The Arbitration Law gives effect to these treaty obligations. In fact, the grounds for refusing enforcement of an international award under the Arbitration Law are more restrictive than those under the New York Convention, being

The recognition and enforcement of international arbitration awards in Italy is regulated by sections 839 to 840 of the Italian Civil Procedural Code (CPC), which takes into account the provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). The New York Convention was brought into force in Italy by Law no. 62 of 19 January 1968. Petition to the President of the Court of Appeals Pursuant to CPC, s 839, a party that wishes to enforce an international arbitral award in Italy must file a petition with the President of the Court of Appeals for the area where the counterparty resides. If the counterparty does not reside in Italy, the competent Court of Appeals is in Rome. Along with the petition, and in accordance with Article IV of the New York Convention, the petitioner shall lodge: • an original copy of the award • the document including the arbitration clause, and • certified Italian translations of these documents During

The legal framework relating to the recognition and enforcement of international arbitral awards in Jersey is set out in the Arbitration (Jersey) Law 1998, as amended (the Arbitration Law). Parts 3 and 4 thereof provide for the enforcement of arbitral awards made pursuant to: • the Protocol on Arbitration Clauses, 24 September 1923 (the Protocol) • the Geneva Convention on Foreign Arbitral Awards, 26 September 1927 (the Geneva Convention), and • the New York Convention, 10 June 1958 (the New York Convention) In summary, an award made under an arbitration agreement to which any of the Protocol, Geneva Convention or New York Convention applies, meeting the relevant conditions, may be enforced before the Royal Court of Jersey (the Court) in the same manner as a judgment or order of that Court to the same effect. Domestic awards The Arbitration Law distinguishes between domestic and non-domestic arbitral awards. Domestic awards are dealt with under Part 2 of the Arbitration Law, which provides for arbitration proceedings within Jersey, and are outside the scope of this

The Mauritian legal system is a hybrid system of laws, which amalgamates both the French civil law and the British common law practices, characterised by a duality of concepts ie procedural law in criminal and civil litigation is mainly English whereas much of the substantive law is based on the French Napoleonic Code. The Mauritian legal system possesses characteristics of both civilian and common laws, which it has adapted to its own specific needs to form a distinct corpus of Mauritian law. This is reflected by the different regimes which govern domestic arbitration and international arbitration. While the provisions for domestic arbitration are contained in the Civil Procedure Code 1808 (Code de Procédure Civile) (CPC), which is based on one of the French versions, international arbitration is governed by the International Arbitration Act 2008 (IAA 2008), which is based on UNCITRAL Model Law on International Commercial Arbitration (the Model Law). For more information on arbitration in Mauritius see Practice Notes: Arbitration in Mauritius and International arbitration in Mauritius. The International Arbitration Act 2008 (the IAA 2008) does

Summary of enforcing arbitration awards in Morocco • Morocco has been a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) since 1959 • the Moroccan constitution of July 2011 grants in its preamble primacy of international conventions duly ratified by the Kingdom of Morocco over national law, including those without reciprocity • the Dahir (Royal Decree) 1-22-34 of 23 chaoual 1443 9th december 2022 promulgating the Law n° 95-17 on Arbitration and Mediation Act of 24 may 2022 (the ‘new law’) repealed and replaced the Law No. 08-05 of 30 September 2007 relating to Arbitration Law. • the new law is based on the UNCITRAL Model Law on International Commercial Arbitration (the Model Law) and French law and bestows numerous solutions generated by the case law of the Moroccan Supreme Court in arbitration. Particular points to note are: ◦ there are distinctions between domestic and international arbitration ◦ the state and public entities are now explicitly allowed to

This Practice Note is written in partnership with Basma Al Kiyumi, Head of Dispute Resolution at Al Tamimi & Co. Following recent developments in the Sultanate of Oman (‘Oman’), foreign parties transacting business in Oman and investing into Oman have opted for resolving their contractual disputes by way of international arbitration. The Oman Arbitration Act (Royal Decree No. 47 of 1997, as amended) came into force on 28 June 1997 and was amended in 2007. The Oman Arbitration Act is based on the UNCITRAL Model Law and governs arbitrations seated in Oman. This law is supplemented by the Civil Procedure Law (Royal Decree No. 29 of 2002) and Oman’s adoption of the New York Convention (Royal Decree No. 36 of 1998), which govern the enforcement of foreign arbitral awards in Oman. In practice, the courts in Oman take a pro-arbitral stance and refrain from setting aside or refusing the recognition of an award on limited grounds. In taking such a stance, the courts generally observe whether there is a valid arbitration agreement, the parties were properly

The legal framework applicable to arbitration in Portugal has undergone a complete change since 2011. Law No 63/2011 of 14 December 2011 (PAL) entered into force on 14 March 2012 and repealed Law No 31/86 of 29 August 1986 (Old PAL). The Portuguese legal regime on the enforcement of arbitral awards, whether domestic or international, had previously seen considerable change. The legal provisions on the enforcement of arbitral awards in the Old PAL consisted of a mere two sentences written in two lines each: • the first set out the jurisdiction of the ‘Courts of Enforcement’ (First Instance) to conduct the enforcement procedures—art 30, Old PAL • the second (art 31, Old PAL) provided that an award debtor that had not filed a set aside law action in a timely manner was not prevented from resisting a subsequent enforcement by invoking any ground applicable to the annulment procedure Despite the scarcity of art 30 and art 31 of Old PAL, art 814 and art 815 of the Portuguese Code of Civil

Regulation of the recognition and enforcement of arbitral awards in Russia Both international law and national law govern the enforcement of international arbitral awards in the Russian Federation. Russia has signed and ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the New York Convention), the European (Geneva) Convention on International Commercial Arbitration of 1961, international conventions, for example, ‘Convention on the Settlement by Arbitration of Civil Disputes Arising from Relations of Economic and Scientific-Technical Cooperation’ (Concluded in Moscow on 26.05.1972) and a number of bilateral international treaties on legal co-operation, which provide, inter alia, support for the recognition and enforcement of arbitral awards; whereas the Russian Supreme Court noted, that the Kyiv Convention on Settling Disputes Related to Commercial Activities (1992) and the Minsk Convention on Legal Aid and Legal Relations in Civil, Family and Criminal Cases (1993) do not apply to disputes concerning

This Practice Note considers the recognition and enforcement of domestic and international arbitration awards in the courts of the Kingdom of Saudi Arabia (KSA, Saudi, Saudi Arabia) under Saudi law. The relevant legal framework • the Saudi Arbitration Law issued through Royal Decree No. M/34 on 16 April 2012 (the Arbitration Law) based on the UNICTRAL Model Law on International Commercial Arbitration. The Arbitration Law applies to arbitration proceedings taking place in Saudi Arabia and to arbitration proceedings held outside Saudi Arabia when the parties agree to the Arbitration Law being the governing law of the proceedings (Arbitration Law, Article 2) • the Implementing Regulations of the Arbitration Law issued by Cabinet of Ministers’ decision number 541 on 22 May 2017 (the Implementing Regulations of the Arbitration Law) • the Enforcement Law issued by the Royal Decree No. M/53 dated 30 July 2012 (the Enforcement Law) • the Implementing Regulations of the Enforcement Law issued by Cabinet of Ministers decision number 526 on 9 November 2017 (the Implementing Regulations of the

This Practice Note considers the recognition and enforcement of arbitral awards in South Korea. Note: Korean court judgments referred to in this Practice Note are not reported by LexisNexis® UK. Arbitral awards enforceable in South Korea Enacted in 1966, the Korean Arbitration Act (KAA) sets out the legislative framework for the enforcement of arbitral awards in South Korea. In 1999, the KAA was amended to adopt the 1985 United Nations Commission on International Trade Law (UNCITRAL) Model Law (the Model Law). On 30 November 2016, the amended KAA came into force to incorporate the 2006 amendments to the Model Law. South Korea ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) in 1973. Under the KAA, there are three types of arbitral awards that may be enforced in South Korea (KAA, arts 37.1, 38–39): • foreign arbitral awards to which the New York Convention is applicable • foreign arbitral awards to which the New York Convention is not applicable • domestic