This Country Answer reflects the state of the law as of 18 July 2008. Please refer to the explanations in the chapter entitled Disclaimer and Preliminary Note.

A. The Contracting State and the New York Convention

1. Name of Contracting State (also specify jurisdiction(s), if relevant)

Republic of Ireland.

2. Date of entry into force of the New York Convention

10 August 1981.

(Source: Arbitration Act 1980 (No. 7 of 1980), s. 3; S.I. No. 195/1981, Arbitration Act, 1980 (Part III) (Commencement) Order, 1981.)

3. Has any reservation been made under Art. I(3) of the New York Convention regarding:

(a) reciprocity

Ireland has made a reciprocity reservation in the terms of Art. I(3) of the New York Convention.

(Source: Arbitration Act 1980, s. 6.)

(b) commercial relationships?

No.

4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. I(1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?

No.

B. National sources of law

5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?

(i) Principally, the Arbitration Act 1980 (No. 7 of 1980)-the Arbitration Act 1954 (No. 26 of 1954) and the Arbitration (International Commercial) Act 1998 (No. 14 of 1998) are also relevant; (ii) S.I. No. 41/2000, Arbitration Act, 1980 (New York Convention) Order, 2000; (iii) Order 63A Rule1(c) as inserted by S.I. No. 2/2004, Rules of the Superior Courts (Commercial Proceedings) 2004; (iv) Order 56, Rules of the Superior Courts and Order 56A as inserted by S.I. No. 109/2006, Rules of the Superior Courts (Commercial Proceedings); and (v) judge-made law.

A new Arbitration Bill 2008 was introduced by the Irish legislature in June 2008 and it is envisaged that the Bill will be enacted into legislation before the end of 2008. The purpose of the proposed legislation is to give the force of law to the amendments to the UNCITRAL Model Law on International Commercial Arbitration made on 7 July 2006 and to facilitate the extension of the UNCITRAL Model Law to domestic arbitration in Ireland.

C. Limitation periods (time limits)

6.

(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?

Yes.

(b) If yes, what is the applicable limitation period (time limit) and when does it start running?

The limitation period for enforcement of foreign awards is 6 years from the date on which the cause of action accrued where the arbitration agreement is not under seal or where the arbitration is under any Act other than the Arbitration Act 1954, and 12 years from the date on which the cause of action accrued where the arbitration agreement is under seal.

(Sources: Statute of Limitations 1957, ss. 11(1)(d) & (5)(b); Rules of the Superior Courts, Order 42.)

D. National courts and court proceedings

7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?

The High Court.

(Sources: Arbitration Act 1980, s. 7, in conjunction with Arbitration Act 1954, s. 41; Rules of the Superior Courts, Order 63A, r. 1(c).)

8. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of respondent in the jurisdiction, etc.)?

There are no express statutory jurisdictional requirements. However, where service of the proceedings is required outside the jurisdiction, the court to which such application for service is made shall have regard to the amount or value of the claim or property affected and the comparative cost and convenience of proceedings in Ireland or in the place of the respondent's residence. In addition, if the applicant wishes to avail itself of the case-managed procedure of the Commercial List of the High Court, there is a requirement that the value of the award be not less than EUR one million.

(Sources: Rules of the Superior Courts, Order 11, r. 2; Rules of the Superior Courts (Commercial Proceedings), Order 63A, r. 1(c).)

9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?

The first decision is obtained through inter partes (with notice) proceedings.

(Source: Rules of the Superior Courts, Order 56.)

10.

(a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?

Yes, an appeal on a point of law to the Supreme Court. The appeal does not have the effect of staying execution of or proceedings arising from the decision appealed from, except insofar as the High Court or the Supreme Court may so order.

(Source: Rules of the Superior Courts, Order 58, r. 18.)

(b) How many levels of appeal or recourse are available against this decision?

A foreign award is enforceable by summary proceedings before the Master of the High Court. If the application is uncontested, the matter will be determined by the Master and in such a case there are two possible levels of appeal: (i) from the decision of the Master of the High Court to a judge of the High Court; (ii) from the High Court to the Supreme Court. If the application is contested, it will be transferred to the Judge's List in the High Court for decision by a judge of the High Court without the Master reaching a decision on the recognition or enforcement of the foreign award. In such circumstances, there is one level of appeal, namely from the decision of the High Court to the Supreme Court.

(Source: Rules of the Superior Courts, Orders 58 and 63, r. 9.)

11. What is the earliest stage in legal proceedings for enforcement of foreign arbitral awards at which a party can obtain execution against assets (i.e. party actually obtains possession of assets as opposed to simply freezing assets)?

A party can obtain an execution order against assets after the judgment has been issued and served on the debtor. Any party against whom judgment has been given may apply to the court for a stay of execution.

(Source: Rules of the Superior Courts, Order 42, r. 1.)

E. Evidence required

12.

(a) What evidence must be supplied for recognition and enforcement of foreign awards (e.g. arbitral award, contract containing arbitration clause, affidavits, witness statements, etc.)?

An application to recognize or enforce a foreign award is proceeded with by way of affidavit evidence.

The affidavit should state the name and usual or last-known place of residence of the applicant and of the person against whom enforcement is sought. It should also provide a chronology of the events leading to the issue of the foreign award, including reference to the contract between the parties, the arbitration clause, the arbitration, the hearing and the award. The following documentary evidence must also be supplied: (i) the duly authenticated original arbitral award or a duly certified copy of that award; (ii) the original arbitration agreement or a duly certified copy of that agreement; and (iii) where necessary, a translation of the award or the agreement certified by an official or sworn translator or by a diplomatic or consular agent.

(Source: Arbitration Act 1980, s. 8.)

(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?

Section 8 of the Arbitration Act 1980 refers to the 'arbitration agreement'; it does not distinguish between the entire contract and the arbitration clause. It would be prudent to provide the contract in its entirety. The award must be supplied in its entirety.

(Source: Arbitration Act 1980, s. 8.)

(c) Are originals or duly certified copies required?

The following are required: (i) the duly authenticated original award or a duly certified copy of the award and (ii) the original arbitration agreement or a duly certified copy of the agreement.

(Source: Arbitration Act 1980, s. 8.)

(d) How many originals or duly certified copies are required?

Section 8 of the Arbitration Act 1980 refers to 'copy', in the singular, of the agreement, the award and, where necessary, translation of the award or the agreement. Accordingly the following are required: (i) one original or one certified copy of the award; (ii) one original or one certified copy of the arbitration agreement and (iii) where necessary, one certified translation of the award or of the agreement.

(Source: Arbitration Act 1980, s. 8.)

(e) Does the authority or court keep the originals that are filed?

No.

13.

(a) Is it necessary to provide a translation of the documents supplied?

Yes, if the award or the arbitration agreement is in a language other than one of the official languages of the State, namely Irish or English.

(Source: Arbitration Act 1980, s. 8.)

(b) If yes, into what language?

Irish or English.

(c) Is it necessary for the translations to be certified and, if yes, by whom (official or sworn translator, diplomatic or consular agent (of which country?) or some other person)?

Yes; the translations must be certified by an official or sworn translator or by a diplomatic or consular agent.

(Source: Arbitration Act 1980, s. 8.)

(d) Is it necessary to provide a full translation of the documents or only a translation of certain parts (e.g. entire award or only part setting forth the decisions; entire contract or only arbitration clause)?

The Arbitration Act 1980 does not expressly address the extent of translation required but it is necessary to provide a translation of the entire award and of the entire arbitration agreement. In practice, a translation of the entire contract containing the arbitration clause would be required.

F. Stay of enforcement

14.

(a) Can the authority or court stay legal proceedings for recognition and enforcement pending the outcome of an application to set aside or suspend the foreign award before the competent authority referred to in Art. V(1)(e) of the New York Convention?

Yes.

(Source: Arbitration Act 1980, s. 9(5).)

(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?

Irish legislation does not address this issue, nor is there any jurisprudence in Ireland on staying legal proceedings for recognition and enforcement on the basis of forum non conveniens. The Rules of Court grant the High Court jurisdiction to stay proceedings to determine a question of law as a preliminary issue in appropriate circumstances.

(Source: Rules of the Superior Courts, Order 34, r. 2.)

(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?

No. The Court is simply empowered, within the exercise of its discretion and on the application of the party seeking to enforce the award, to order the other party to give such security as the court may think fit.

(Source: Arbitration Act 1980, s. 9(5).)

G. Confidentiality

15.

(a) Do the documents filed in legal proceedings for recognition and enforcement form part of the public record? If yes, can any steps be taken to preserve the confidentiality of such documents?

The documents filed do not necessarily form part of the public record simply by being filed, but once read in court they are a matter of public record. There is no statutory guidance in relation to the steps (if any) that may be taken to preserve the confidentiality of documents filed in legal proceedings for the recognition and enforcement of foreign awards. The Constitution of the Republic of Ireland provides that justice is to be administered in public save in such special and limited cases as may be prescribed by law. Accordingly, evidence in court proceedings is not regarded as confidential unless the proceedings are held in camera. Legislation provides that certain categories of civil proceedings are to be heard in camera and, as a general principle, the court has inherent jurisdiction to order that the confidentiality of evidence in court proceedings be preserved where it considers this necessary to prevent the indirect circumvention of the in camera rule or to protect the constitutional rights of litigants or third parties in civil proceedings.

(b) If there are hearings on recognition and enforcement, are such hearings confidential? If not, can steps be taken to maintain the confidentiality of the legal proceedings?

No, such hearings are not confidential. There is a constitutional imperative in the Republic of Ireland that justice is to be administered in public save in such special and limited cases as may be prescribed by law. There are a number of statutes which provide that specified categories of civil proceedings may be heard in camera-chiefly proceedings involving business secrets and the disclosure of confidential information-but there is no express statutory provision prescribing that court proceedings related to arbitral proceedings are to be in camera. In the absence of any such specific authority, the High Court has no discretion to hear proceedings in relation to the recognition and enforcement of foreign awards other than in public. It has, however, been suggested that the court retains inherent jurisdiction to direct that a particular case, or portion of a case, be heard in camera where this is considered necessary to protect the constitutional rights of litigants or third parties in civil litigation or to prevent the indirect circumvention of the in camera rule.

(Sources: Constitution of Ireland 1937, Art. 34.1; Re Greendale Developments Limited (No. 1) [1997] 3 IR 540; Roe v. Blood Transfusion Service Board [1996] 3 IR 67.)

(c) Are judgments on recognition and enforcement published? If yes, can steps be taken to remove the names of the parties or avoid publication of confidential information (such as business or State secrets)?

There is no statutory prohibition on the publication of judgments in relation to the recognition and enforcement of foreign awards. Such judgments are not regarded as confidential and are generally published. Increasingly, judgments are published on the courts service website. The court has held that the public's interest in the open administration of justice extends to contemporaneous reporting of proceedings which are not held in camera.

(Source: Irish Times Ltd v. Murphy [1998] 1 IR 359.)

H. Other issues

16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?

There is no restriction: interim awards and partial awards that are final are not excluded from the definition of an 'award' under Irish law.

(Source: Arbitration Act 1980, s. 6)

17. When, if ever, can a party obtain recognition and enforcement of non-monetary relief in foreign arbitral awards (e.g. order requiring a party to deliver up share certificates or other property)?

It is possible to obtain recognition and enforcement in Ireland of foreign awards granting non-monetary relief, save that enforcement of an award may be refused if the award is in respect of a matter not capable of settlement by arbitration under the law of the State. Under Irish law, an arbitrator does not have power to order specific performance of any contract relating to land or any interest in land.

(Sources: Arbitration Act 1980, s. 9; Arbitration Act 1954, s. 26.)

18. When, if ever, can a party obtain recognition and enforcement of only part of the relief granted in foreign awards?

Irish legislation does not specify whether, or in what circumstances, a party may obtain recognition and enforcement of only part of the relief granted in a foreign award and jurisprudence has not addressed this question directly. An award that contains decisions on matters not submitted to arbitration may be enforced to the extent that it contains decisions on matters submitted to arbitration which can be separated from any decisions on matters not so submitted.

(Source: Arbitration Act 1980,s. 9.)

19. When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority referred to in Art. V(1)(e) of the New York Convention?

Irish legislation provides that enforcement of a foreign award may be refused if the award has been set aside or suspended by a competent authority of the country in which, or under the law of which, the award was made. The language of this statutory provision is permissive rather than mandatory; it authorizes rather than prescribes the High Court to refuse recognition of a foreign award on this ground. Irish legislation does not address the circumstances in which the court may recognize or enforce a foreign award which has been set aside by a competent authority referred to in Art. V(1)(e) of the New York Convention and there is no jurisprudence addressing the issue directly.

(Source: Arbitration Act 1980, s. 9.)

20. Are there any other procedural or practical requirements relating to recognition and enforcement of foreign awards which are worth mentioning (e.g. unusually high court costs, filing fees, stamp duties, obligation to post security as a condition for seeking recognition and enforcement, obligation to identify the assets that will be the object of enforcement, etc.)?

No.

Country Rapporteur: Rowena Mulcahy.

Other contributors: James Bridgeman, Gearoid Carey, Rachel Casey.