Lisbon Court of Appeal | New York Convention 1958 | Recognition before Enforcement | 08-06-2010 | Case #0027

Lisbon Court of Appeal
Date: 08-06-2010
Case Nr. 243/10.9YRLSB-7
LINK DGSI

Headline:

An arbitral award rendered in a country party to the New York Convention needs to be recognised in Portugal before it is enforced.

Summary:

1. A foreign arbitral award is not automatically enforceable within the Portuguese jurisdiction without being subjected to a prior revision and recognition procedure by the competent state court, despite the fact that the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is in force and binds Portugal.
2. The fact that, by signing the Convention, the Portuguese State is obliged to ensure the enforcement of foreign arbitral awards, it does not mean that the enforcement is automatic. Such enforcement shall be requested in strict compliance with the procedural rules provided for in the Portuguese legislation.
3. A contracting State may refuse the recognition of an arbitral award and that the party against whom the award was made may apply for the setting aside of the award.