Conditions for the recognition and enforcement of arbitral awards are provided by the NYC and by national law.
Conditions provided by the NYC are contained in Articles IV to VI.
National rules may relate, for example, to discovery of evidence, estoppel or waiver, set-off or counterclaim against the award, the entry of judgment clause, the period of limitation for the enforcement of an award under the Convention and interest incurred on the award.
National law shall not stipulate conditions for the recognition and enforcement of foreign arbitral awards that are substantially more onerous than those applicable to the recognition and enforcement of domestic arbitral awards.
Courts are obligated to enforce awards, except if one of the grounds for refusing are met.
None of the exceptions has to do with whether the arbitral tribunal has made the “correct” decision on the merits courts not supposed to review decision of arbitrators.
Difference between English text (may, permissive) and French text (shall, mandatory).
The list of grounds for refusal of the recognition and enforcement of an arbitral award under the NYC is exclusive and they should be interpreted restrictively.
