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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
Each Country Answer is the work of the Country Rapporteur(s) and other contributors listed at the end of the Country Answer and does not represent the views or opinions of the Task Force as a whole or ICC, the International Court of Arbitration or its Secretariat. The information, opinions and conclusions set out in the Report and the Country Answers do not modify or affect the ICC Rules of Arbitration; they are not binding on ICC, the International Court of Arbitration or its Secretariat.
The Country Answers and consequently this Report reflect the state of the law in each country as of 18 July 2008. The state of the law in the countries covered by this Report may have changed since that date. This Report and the Country Answers only provide general information in summary form and do not constitute legal advice. Accordingly, it is necessary for users to consult qualified counsel, in particular to obtain specific and up-to-date legal advice, whenever considering recognition and enforcement of an award in a particular jurisdiction.
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The Country Answers that follow have been provided in response to a Questionnaire drawn up by the ICC Commission on Arbitration Task Force on National Rules of Procedure for Recognition and Enforcement of Foreign Awards pursuant to the New York Convention of 1958.
Each Country Rapporteur completed the Questionnaire based on the following instructions, which explain the purpose and nature of the information provided in the Country Answers:
1. All answers to the Questionnaire should address recognition and enforcement of arbitral awards under the New York Convention (as opposed to other conventions and treaties) or, where applicable, any more favourable legal basis for recognition and enforcement of arbitral awards that may exist in the country.
2. All answers to the Questionnaire should address recognition and enforcement of 'foreign arbitral awards' as defined in Article I(1) of the New York Convention:
(a) arbitral awards made in the territory of a State other than the State where recognition and enforcement is sought; and
(b) arbitral awards not considered as domestic awards in the State where recognition and enforcement is sought.
3. The Questionnaire is primarily intended to focus on 'rules of procedure' and the documents required under Articles III and IV of the New York Convention. The Questionnaire is not intended to address the grounds for refusing recognition and enforcement under Article V of the New York Convention.
4. In answering the Questionnaire, please take into account all relevant statutory requirements (statutes, codes and other legal instruments, etc.) as well as judge-made requirements.
5. If and when relevant, please distinguish between requirements applicable to recognition and requirements applicable to enforcement.
Each Country Answer follows a standard format comprising Question, Answer and citations to the legal instruments and case law upon which the Answer is based.