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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
This ICC Guide to National Rules of Procedure for Recognition and Enforcement of Foreign Awards under the New York Convention is the third, updated edition to mark the 60th anniversary of the New York Convention. Country Answers, which reflect the state of law at 1 October 2018, have been provided in response to a Questionnaire drawn up by a task force of the ICC Commission on Arbitration and ADR.
A. The Contracting State and the New York Convention
1. Name of Contracting State (also specify jurisdiction(s), if relevant)
Republic of Angola (Angola).
2. Date of entry into force of the New York Convention
6 March 2017.
3. Has any reservation been made under Art. I(3) of the New York Convention regarding:
(a) Reciprocity?
Yes.
(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?
The Angolan Arbitration Law 16/03 of 25 July 2003 (‘Lei da Arbitragem Voluntária - ‘LAV’) contains a broad concept of international arbitration.
Under Art. 40(1) LAV, international arbitrations involve international trade matters, such as follows:
The second provision of the same article clarifies that:
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) The Code of Civil Procedure (‘Código de Processo Civil’, Arts. 1094 to 1102);
(ii) The National Arbitration Law 16/03 of 25 July 2003 (‘Lei da Arbitragem Voluntária’ or ‘LAV’);
(iii) The Organic Law of the Supreme Court 13/11 of 18 March 2011 (‘Lei Orgânica do Tribunal Supremo’);
(iv) The New York Convention on Recognition and Enforcement of Arbitral Awards.
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?
There is no time limit applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards.
(b) If yes, what is the applicable limitation period (time limit) and when does it start running?
N/A
D. National courts and court proceedings
7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?
Currently, the Angolan Supreme Court (‘Tribunal Supremo’).
Upon a request for the enforcement of foreign judicial judgments or arbitral awards, the ‘Angolan Ministry of Foreign Affairs’ (‘Ministério das Relações Exteriores’) shall submit such request for the consideration of the President of the Angolan Supreme Court.
The court with jurisdiction to review judgments or arbitral awards in civil matters decided by foreign courts or arbitral tribunals is the ‘Civil Chamber of the Supreme Court of Angola’ (‘Câmara do Cível e do Administrativo do Tribunal Supremo’), as per Art. 34(1)(g) of Supreme Court 13/11 of 18 March 2011.
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.)?
Before the ratification of the New York Convention, the recognition and confirmation procedure carried out by the Court did not involve a re-trial or a re-examination of the merits of the case per se.
In fact, any judgment or arbitral award would be recognized and confirmed by an Angolan court provided that the following legal requirements were fulfilled:
(Source: Art. 1096 of the Code of Civil Procedure.)
The recognition and confirmation of an arbitration award and/or a court judgment also depended on the fulfilment of general procedural requirements (other than the specific procedural requirements mentioned in this paragraph).
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 proceedings.
(Source: Art. 1098 of the Code of Civil Procedure.)
Upon presentation of the request (petition) before the Court with jurisdiction together with the relevant arbitral award, the other party shall be summoned in order to contest the claim within ten days. Subsequently, the applicant may reply within eight days of the expiry of the time limit set for contestation (opposition).
10. (a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?
(b) How many levels of appeal or recourse are available against this decision?
One, appeal to the Plenary of the Supreme Court (‘Plenário do Tribunal Supremo’).
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)?
The execution against assets may occur upon a decision granting recognition of the award by the competent Court, provided that the unsuccessful party does not lodge an appeal to the Plenary of the Supreme Court.
If the unsuccessful party appeals, the initial decision (and execution against assets) is suspended until the Supreme Court’s decision.
However, the grounds for appeal must be reasoned, in order to be analysed by the Supreme Court, and based only on the absence of any of the legal requirements mentioned in Q.8 and stated in Art. 1096 of the Code of Civil Procedure.
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.)?
Since the ratification of the New York Convention, the rules of the Convention are in force.
Arts. 1096 and 1098 of the Code of Civil Procedure, revoked by the Convention, expressly mention the mandatory presentation of the document containing the decision to be confirmed.
Moreover, the evidence of fulfilment of the legal requirements set out in Art. 1096 (see Q.8), is at disposal of the parties, considering that sufficient evidence is presented to the Court, with regard to the validity of the arbitration clause, the verification of the adversarial proceedings, the competence of the tribunal, the authenticity and reasoning of the arbitration award, among other general procedural requirements.
(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?
Angolan law does not expressly address this issue. In practice, the entire document would be provided.
(c) Are originals or duly certified copies required?
Yes, they are – either originals or duly certified copies.
(d) How many originals or duly certified copies are required?
All documents issued outside Angola have to be certified according to the procedure referred in Q.13(c).
The general rule regarding lawsuits is that the petition (and any documents to support it) has to be filed in quadruplicate. Only the one submitted to the Court must contain certified copies, while the other ones may contain simple copies.
(e) Does the authority or court keep the originals that are filed?
The court keeps the certified copies that are filed.
13. (a) Is it necessary to provide a translation of the documents supplied?
(b) If yes, into what language?
Portuguese.
(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)?
The documents shall be translated in Portuguese. The translation should be duly certified before a notary and subject to authentication by the General Consulate of Angola of the country in which the translation is certified.
If Portuguese is the official language of the country where the documents were issued, translations will not be necessary, but authentication is mandatory to validly use the documents in Angola.
(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)?
Angolan law does not expressly address this issue. In practice, a full translation of the documents is provided.
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?
Angolan law does not expressly address this issue.
(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?
(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?
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?
Although the Arbitration Law does not expressly address this issue, arbitration proceedings are treated as being confidential.
The publication of documents filed in proceedings for recognition and/or enforcement would therefore require the parties’ previous authorization.
(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?
(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)?
They are usually not published.
H. Other issues
16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?
Neither the Angolan Arbitration Law nor the Code of Civil Procedure prevent the granting of recognition and enforcement of interim or partial foreign awards.
This assumption derives from the joint analysis of Arts. 22, 40(1)(b) and 41 of the Angolan Arbitration Law, and the inexistence of any clause in the CCP prohibiting such recognition.
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)?
If the arbitral award contains an order (‘sentença condenatória’) that the unsuccessful party perform a non – monetary relief, the recognition of the award may give rise to an enforceable order against that party.
18. When, if ever, can a party obtain recognition and enforcement of only part of the relief granted in foreign awards?
See Q.16.
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?
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.)?
Country Rapporteurs: Manuel Gonçalves, Alexandra Gonçalves