This Country Answer reflects the state of the law as of 31 December 2012. Please refer to the explanations in the chapter entitled 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.

The New York Convention was given effect in Irish law by Part III of the Arbitration Act 1980, which came into force on 10 Aug. 1981. Although the 1980 Act has been superseded by the Arbitration Act 2010, the latter provides that the New York Convention shall have the force of law in the State.

(Sources: Arbitration Act, 1980 (No. 7 of 1980), s. 3; S.I. No. 195/1981-Arbitration Act 1980 (Part III) (Commencement) Order, 1981; Arbitration Act 2010, s. 24.)

3. Has any reservation been made under Art. 1(3) of the New York Convention regarding:

(a) reciprocity?

Yes.

(Source: Arbitration Act 2010, s. 3.)

(b) commercial relationships?

No.

4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. 1(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) Arbitration Act 2010 (No. 1 of 2010); (ii) S.I. No. 41/2000-Arbitration Act, 1980 (New York Convention) Order, 2000; (iii) Rules of the Superior Courts 1986 to 2010, Order 11, Order 56 and Order 63A Rule 1(c), as inserted by S.I. No. 361/2010-Rules of the Superior Courts (Arbitration) 2010; and (iv) judge-made law.

The Arbitration Act 2010, which came into force on 8 June 2010, replaced all existing arbitral legislation in Ireland with a comprehensive, unitary statute which gives the force of law in Ireland to the UNCITRAL Model Law on International Commercial Arbitration (as amended in 2006) in respect of both International arbitration and other arbitration and to the New York Convention.

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?

An action to enforce an award shall not be brought more than six years from the date on which the cause of action accrued where the arbitration agreement is not under seal. Where the arbitration agreement is under seal, the limitation period for the enforcement of a foreign award is twelve years.

(Source: Statute of Limitations 1957, ss. 11(1)(d) & (5)(b).)

D. National courts and court proceedings

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

The High Court. An application for the recognition and enforcement of a foreign award is made to the President of the High Court or such other judge of the High Court as may be nominated by the President.

(Source: Arbitration Act 2010, s.9.)

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 proceedings relate to the enforcement of an award made by an arbitral tribunal having its seat outside the jurisdiction of the State, it is necessary to seek leave of court to serve the proceedings or notice of the proceedings out of the jurisdiction. When such leave is sought, the court to which the application is made shall have regard to the amount or value of the claim or property affected and to the comparative cost and convenience of proceedings in Ireland or in the place of the respondent's residence. If the applicant wishes to avail itself of the case-managed procedure of the Commercial List of the High Court, the value of the award must be not less than one million euros.

(Sources: Rules of the Superior Courts 1986 to 2010, Order 11, r. 2; Rules of the Superior Courts 1986 to 2010 Order 11 r.1 (l) and Order 63A, r.1 (c) as inserted by S.I. No.361/2010-Rules of the Superior Courts (Arbitration) 2010.)

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

Inter partes. An application to recognize or enforce an award is made by originating notice of motion, The notice of motion is grounded upon an affidavit sworn by or on behalf of the moving party and copies of the originating notice of motion, the grounding affidavit and any exhibits thereto must be served upon the respondent not later than 14 days before the date fixed for the hearing of the motion. The respondent may deliver a replying affidavit, which must be filed with the Central Office of the High Court and a copy served upon the applicant within seven days of service of the originating notice of motion and grounding affidavit upon the respondent.

(Source: Rules of the Superior Courts 1986 to 2010, Order 56 as inserted by S.I. No. 361/2010 -Rules of the Superior Courts (Arbitration) 2010.)

10.

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

No, there is no appeal from any decision by the High Court on an application to recognize or enforce an arbitral award pursuant to the New York Convention.

(Source: Arbitration Act 2010, s.11(c).)

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

N/A.

(Source: Arbitration Act 2010, s.11(c).)

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)?

An award is enforceable either by action or, with leave of the High Court, in the same manner and with the same effect as a judgment or order of that Court. Where the High Court gives leave to enforce an award pursuant to Art. 35 of the Model Law, it may, and usually will, enter judgment 'in terms of the award'. This is the mechanism by which the award is enforced. Once leave to enforce the award has been granted by the Court, all of the normal execution remedies available under Irish law will be available against assets within the jurisdiction in order to satisfy the award. A judgment for the recovery of money may be enforced by execution order and a party can obtain an execution order against assets in the State after the judgment has been issued and served on the debtor without needing to make a demand for payment of the money. Any party against whom judgment has been given may apply to the court for a stay of execution. As between the original parties to the judgment or order, execution may issue at any time within six years from the recovery of the judgment or the date of the order.

(Sources: Arbitration Act 2010, s.23; Model Law, Art. 35, as given force of law by the Arbitration Act 2010, s.6; Rules of the Superior Courts 1986 to 2010, Order 42.)

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 made in summary manner, i.e. by way of evidence on affidavit, by originating notice of motion to the President of the High Court or to such other judge of the High Court as may be nominated by the President of the High Court. Unless the High Court otherwise directs, every application shall be heard and determined on affidavit. The affidavit grounding the originating notice of motion must set out the basis upon which the applicant alleges that the Court has jurisdiction to grant the relief sought in the originating notice of motion. 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. Any replying affidavit filed by the respondent must set out concisely the grounds relied upon by the respondent to resist the applicant's claim for the relief set out in the originating notice of motion. An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with the originating notice of motion, grounding affidavit and exhibits (if any) shall be filed before the motion is heard. If any person who ought to have been served has not been so served, the affidavit shall state that fact and the reason for it. 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 and/or the agreement certified by an official or sworn translator or by a diplomatic or consular agent.

If the value of the award is not less than one million euros and the applicant wishes to avail itself of the case-managed procedure of the Commercial List of the High Court, an application for an order entering the proceedings into the Commercial List of the High Court must be made to the judge of the Commercial List prior to completing the filing of affidavits. The application is made by motion on notice to the other party or parties in the proceedings and the notice of motion must have appended to it a certificate from the lawyer acting for the applicant confirming that the proceedings are appropriate to be treated as commercial proceedings within the meaning of Order 63A r.1(c) of the Rules of the Superior Courts 1998 to 2010 and setting out such facts relating to the proceedings as shall demonstrate this.

(Sources: Arbitration Act 2010, s 9; Rules of the Superior Courts 1986 to 2010, Order 56 and Order 63A r.1 (c) as inserted by S.I. No. 361/2010 S.I.-Rules of the Superior Courts (Arbitration) 2010; UNCITRAL Model Law, Art. 35(2) as given force of law by the Arbitration Act 2010, s.6; New York Convention, Art. IV(1) & (2) as given force of law by the Arbitration Act 2010, s.24.)

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

Art. IV(1) of the New York Convention, which is given force of law in the State by s. 24 of the Arbitration Act 2010 requires the production of the 'original agreement' or a duly certified copy thereof. Article II of the Convention defines an agreement in writing as including an arbitral clause in a contract or an arbitration agreement signed by the parties or contained in an exchange of letters or telegrams. In practice, it would be prudent to provide the contract in its entirety. The award must be supplied in its entirety.

(Source: New York Convention, Arts. IV(1) & II as given force of law by the Arbitration Act 2010, s.24.)

(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.

(Sources: UNCITRAL Model Law, Art; 35(2) as given force of law by the Arbitration Act 2010, s.6; New York Convention, Art. IV(1) & (2) as given force of law by the Arbitration Act 2010, s.24.)

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

Art. 35(2) of the UNCITRAL Model Law refers to 'copy' of the award in the singular. Art. IV(1)(a) & (b) of the New York Convention refers to 'copy' of the award and of the agreement in the singular. Accordingly, the following are required: (i) one original or one certified copy of the award; and (ii) one original or one certified copy of the arbitration agreement.

(Sources: UNCITRAL Model Law, Art. 35(2) as given force of law by the Arbitration Act 2010, s.6; New York Convention, Art. IV(1)(a) & (b) as given force of law by the Arbitration Act 2010, s.24.)

(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. The UNCITRAL Model Law, which has the force of law in the State, provides that if the award is not made in an official language of the State, namely Irish or English, the court may request the party to supply a translation of the award into such language. Although the Model Law does not specifically require a translation of the arbitration agreement to be furnished if the agreement is not in an official language of the State, the New York Convention, which also has the force of law in the State, requires a translation of the award and the agreement to be furnished if the award or agreement is not made in an official language of the State.

(Sources: UNCITRAL Model Law, Art; 35(2) as given force of law by the Arbitration Act 2010, s.6; New York Convention, Art. IV(2) as given force of law by the Arbitration Act 2010, s.24.)

(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: New York Convention, Art. IV(2) as given force of law by the Arbitration Act 2010, s.24.)

(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 Model Law and the New York Convention do not expressly address the extent of the translation required but in practice 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 should be furnished.

(Sources: UNCITRAL Model Law, Art. 35(2) as given force of law by the Arbitration Act 2010, s.6; New York Convention, Art. IV(2) as given force of law by the Arbitration Act 2010, s.24.)

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?

If an application to set aside or suspend an award has been made in a court in the country where, or under whose law, that award was made, the High Court, on an application for the recognition or enforcement of the award, may, if it considers it proper, adjourn its decision, as distinct from placing a stay on a decision in favour of enforcement that has already been reached.

(Sources: UNCITRAL Model Law, Art; 36(2) as given force of law by the Arbitration Act 2010, s.6; Danish Polish Telecommunication Group I/S v. Telekomunikacja Polska SA [2011] IEHC 369.)

(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. The doctrine of forum non conveniens is applied in the State on the basis of the common law although there is no case law in Ireland specifically regarding 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 1986 to 2010 Order 34, r.2; Transportstyrelsen v. Ryanair Limited [2012] IEHC 226.)

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

No, but the High Court is empowered, within the exercise of its discretion and on the application of the party seeking to enforce the award, to adjourn its decision and to order the other party to provide appropriate security.

(Source: UNCITRAL Model Law, Art; 36(2) as given force of law by the Arbitration Act, 2010, s.6; Danish Polish Telecommunication Group I/S v.Telekomunikacja Polska SA [2011] IEHC 369.)

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 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 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 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 1R359.)

H. Other issues

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

There is no restriction: the definition of an award under Irish law includes a partial award.

(Sources: Arbitration Act 2010, s.2; Danish Polish Telecommunication Group I/S v. Telekomunikacja Polska SA [2011] IEHC 369.)

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 nor do the provisions of the Arbitration Act 2010 apply to an arbitration under an arbitration agreement providing for the referral to, or settlement by, arbitration of any question relating to the terms or conditions of employment or the remuneration of employees.

(Source: Arbitration Act 2010, ss.20 & 30(1).)

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

The High Court, as the enforcing court, is limited to entering judgment 'in terms of the award'. Whether a party can obtain recognition and enforcement of only part of the relief granted in an award is determined first by the terms of the dispositive part of the award and secondly by the terms in which the application is made to the Court. Obiter dicta in the case of Danish Polish Telecommunication Group I/S v. Telekomunikacja Polska SA [2011] indicate that if the dispositive part of the award directs the payment of specified money sums under separate headings and if the applicant seeks an order for the enforcement of one or more, but not all, of those specified amounts, the Court could give leave for enforcement of that part of the award and enter judgment for one or more of the amounts specified and at the same time adjourn its decision on the application to enforce the remainder of the amounts awarded. In that case, the sum in respect of which the applicant sought leave to enforce was not contested and the Court held that there was no order of the arbitral tribunal in the partial award separately directing the payment of the particular sum such that any judgment in that amount could be considered a judgment 'in terms of the award' for the purpose of s 23(1) of the Arbitration Act 2010. Accordingly the Court concluded that it did not have jurisdiction to give leave to enforce that part of the partial award.

(Sources: Arbitration Act 2010, s.23(1); UNCITRAL Model Law, Art. 36(2) as given force of law by the Arbitration Act 2010, s.6; Danish Polish Telecommunication Group I/S v. Telekomunikacja Polska SA [2011] IEHC 369.)

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 the recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused at the request of the party against whom it is invoked if that party furnishes to the High Court where recognition or enforcement is sought proof that the award has been set aside or suspended by a court in the country where, or under whose law, 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 High 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 case law addressing the issue directly.

(Source: UNCITRAL Model Law, Art; 36(1)(a)(v) as given force of law by the Arbitration Act 2010, s.6.)

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.

If an application for setting aside an award has been made, the High Court may, if it considers it proper, on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security, but there is no fixed obligation to post security as a condition for seeking recognition and enforcement of a foreign award.

(Source: UNCITRAL Model Law, Art. 36(2) as given force of law by the Arbitration Act 2010, s.6.)

Country Rapporteur:

Rowena Mulcahy

Other contributor:

Rachel Casey