Legal Translation and Recognition, Enforcement and Recourse Against Foreign Arbitral Awards

We’ve blogged about the importance of professional translation services in international arbitration. Most countries have statutes that not only recognize foreign issued arbitral awards, but also provide the requirements for enforcement and, when needed, recourse. Take, for example, France. According to its national code, Title VI – Recognition of, Enforcement of and Recourse Against Arbitral Awards Made Abroad or in International Arbitration, Article 1498 states:

“Arbitral awards shall be recognized in France if their existence is proven by the party relying on the award and if such recognition is not manifestly contrary to international public policy. Such awards shall be declared enforceable in France by the enforcement judge under the same conditions.”

In order to enforce an award, the law states that one must produce the original of both the award and the arbitration agreement or copies of these documents. More so, “if such documents are not in the French language, the party shall produce a (foreign language) translation certified by a (foreign language) translator registered on the list of experts.” (Article 1499)

This requirement for a foreign language translation of the arbitration award and agreement is fairly typical in national codes. However, the requirement for what qualifies as a certified foreign language translation varies from country to country. Before you submit your proof of award and agreement, be sure the foreign language translation satisfies that particular jurisdiction’s translation certification requirements.

Up Next: Language Translation and Authenticating a Foreign Website for Evidence

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by Legal Translator & Court Interpreter

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