A. The Contracting State and the New York Convention

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

Mongolia.

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

24 Oct. 1994.

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

(a) reciprocity?

Yes. Mongolia applies the Convention, on the basis of reciprocity, to the recognition and enforcement of arbitral awards made only in the territory of another Contracting State.

(Source: Art. 2.1, Law on Accession to the New York Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards.)

(b) commercial relationships?

Yes. Mongolia applies the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Mongolia.

(Source: Art. 2.2, Law on Accession to the New York Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards.)

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?

Under the Arbitration Law (2017), an arbitral awards, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the competent court, shall be enforced subject to the New York Convention. Mongolian law does not differentiate nor specifically treat recognition and enforcement of domestic and international awards. (Source: Art 48.1, Law on Arbitration.)

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) New York Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards;

(ii) Chapter 8 of the Law of Mongolia on Arbitration, adopted by the Parliament (State Great Khural) on 26 Jan. 2017 (effective from 27 Feb. 2017);

(iii) Art.1601, Civil Procedure Code of Mongolia (2002); and

(iv) Law of Mongolia on Enforcement of Judicial Decision (2002).

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 limitation period 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?

First Instance Civil Court at Respondent’s (i) domicile or (ii) principal place of location of its property has jurisdiction over recognition and enforcement of foreign awards.

(Source: Arts. 6.3 and 48.1, Law on Arbitration.)

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.)?

An application for recognition and enforcement of a foreign award is filed with the First Instance Civil Court at the domicile of the respondent or the principal place of location of its property.

(Source: Arts. 6.3 and 48.1, Law on Arbitration.)

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

The first decision granting recognition and enforcement is obtained through ex parte proceedings. To be specific, party(s) other than the party submitted the application for recognition and enforcement is not involved in the proceeding.

(Source: Arts.184.2 and 184.3, Civil Procedure Code.)

10.

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

The law doesn’t specify if such decisions are subject to appeal or recourse. However, in practice, such decisions are not subject to appeal.

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

N/A.

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 earliest stage in legal proceedings for enforcement of foreign arbitral awards, at which, a party can obtain execution against assets in Mongolia is after the arbitral award has entered into force. The arbitral award enters into force after the expiry of the time limit allowed for filing an application for setting aside an arbitral award, i.e. 90 days for international arbitration from the date on which the party making an application had received the award or, if a request for correction or interpretation of an awards had been submitted, from the date on which that request had been disposed of by the arbitral tribunal.

(Source: Art. 47.3, Law on Arbitration.)

If a party applied for setting aside and the competent court maintains the award in force, another party can shortly obtain execution against assets (i.e. party actually obtains possession of assets as opposed to simply freezing assets).

(Source: Art. 47.5, Law on Arbitration.)

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.)?

For recognition and enforcement of foreign awards, the party applying for recognition and enforcement shall supply the original or duly certified copy of the award.

(Source: Art. 48.2, Law on Arbitration.)

In addition, the application for recognition and enforcement of a foreign award must include name and address of the parties to the arbitration agreement, place of arbitration, arbitral institution, arbitral tribunal and grounds for recognition and enforcement of the foreign award.

(Source: Art. 1601.2, Civil Procedural Code of Mongolia.)

In practice, the court may require a document or letter from the arbitral institution or tribunal stating that the award has come into force.

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

An entire arbitral award must be supplied along with its Mongolian translation, and application.

(Source: Art. 48.2, Law on Arbitration.)

(c) Are originals or duly certified copies required?

Either the original or duly certified copy of the arbitral award must be supplied.

(Source: Art. 48.2, Law on Arbitration.)

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

There is no specific requirement on how many originals or copies are required. Accordingly, it is understood that a single original or duly certified copy is sufficient.

(Source: Art. 48.2, Law on Arbitration.)

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

The law does not specify whether the originals are returned or kept by the court.

13.

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

Yes. Mongolian translation of the award is required, if the award is not made in Mongolian.

(Source: Art. 48.2, Law on Arbitration.)

(b) If yes, into what language?

Mongolian. Translation must be made by certified translator.(Source: Art. 48.2, Law on Arbitration.)

(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)?

Translation of documents in foreign languages must be certified. Although it is not expressly required by law, the certified translations must be done by an individual or agency translator holding translator’s stamp provided by relevant authority of Mongolia.

A translation which is made by a certified translator in a foreign country may be accepted if allowed under a mutual legal assistance treaty (if any) between Mongolia and the country in which such certified translation was made. In the absence of such a treaty, the translation can be apostilled in accordance with the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents.

(Source:  Art. 7.4, Civil Procedure Code.)

(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)?

Law on Arbitration does not say anything about the translation of certain parts, therefore, it is generally understood that full translation of the arbitral award must be submitted.

(Source: Art. 48.2, Law on Arbitration.)

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. In case an application to set aside or suspend a foreign award has been made to competent court, the court where the recognition or enforcement is sought may, adjourn its decision if it considers proper.

(Source: Art. 49.2, Law on Arbitration.)

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

The court where the recognition or enforcement is sought may adjourn its decision, if it considers proper. The grounds to stay legal proceedings for recognition and enforcement are not specified in detail.

(Source: Art. 49.2, Law on Arbitration.)

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

No. The competent court may order the other party to provide appropriate financial security only if requested so by the party applying for recognition and enforcement. As a result, a stay is not conditional on the provision of security.

(Source: Art. 49.2, Law on Arbitration.)

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?

No. The documents filed with the court do not become part of public record.

(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?

In general, all judicial hearings are open to the public. However, if a party to an arbitral proceeding requests to conduct any court proceeding in private and the court finds that the request is not contrary to the public policy of Mongolia, the court may decide to proceed in private in whole or in part.

(Source: Arts. 8.1 and 1605.1, Civil Procedure Code.)

(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)?

All court decisions are published in the e-database of the courts of Mongolia (www.shuukh.mn) and selection of court decisions are also published annually in paperback. However, if a party to an arbitral proceeding requests to conduct any court proceeding in private, i.e. to remove the names of the parties or not to publish the judgment, and the court finds that the request is not contrary to the public policy of Mongolia, the court may decide to proceed in private in whole or in part.

(Source: Art. 12.1.2, Law of Mongolia on Judicial Administration, Art. 1605.1, Civil Procedure Code.)

H. Other issues

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

Interim measures shall be enforced by making application to the competent court. The Law on Arbitration does not address recognition and enforcement of partial foreign awards.

(Source: Art 27.2, Law on Arbitration.)

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)?

Non-monetary reliefs, including halting acts violating the rights, restoring the pre-violation conditions, enforcement of obligations or compensating non-material harms, are generally accepted as a way to protect civil rights. Accordingly, recognition and enforcement of non-monetary relief in foreign arbitral awards is allowed.

(Source: Art. 9.4, Civil Code of Mongolia.)

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

It is not specified in the Law on Arbitration. Since arbitral awards are recognized and enforced subject to the relevant provisions of the Law on Arbitration and the New York Convention, part of an arbitral award may be recognized and enforced pursuant to Art. V(1)(c) of the New York Convention.

(Source: Art 48.1, Law on Arbitration; Art. V(1)(c), New York Convention.)

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?

Where an arbitral award has been set aside by the competent authority, Mongolian courts shall refuse to recognize or enforce such award. Accordingly, such awards may not be recognized or enforced.

(Source: Art 49.1.1.e, Law on Arbitration.)

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.)?

Stamp duty equal to 0,1% of the amount of claim must be paid for recognition and enforcement of arbitral awards.

(Source: Art. 8.1, Law of Mongolia on Stamp Duty.)

Country Rapporteur: Dash-Onolt Dugerjav