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Results: 4 Answers
Enforcement of Foreign Judgments
4.
Defences
4.1
On what grounds can the defendant challenge recognition and enforcement of a foreign judgment?
 
Angola
Recognition of a foreign judgment may be challenged if the accused can allege or prove the following:

  • There are doubts as to the authenticity of the document containing the judgment or the reasoning of the decision;
  • The judgment has not yet become final in the country in which it was rendered;
  • The court that rendered the judgment did not have competence under the conflict of laws rules of Angolan law;
  • The exception of lis pendens or res judicata can be invoked, unless the foreign court has precluded jurisdiction;
  • The defendant was not properly summoned to the proceedings, except in cases where Angolan law does not require an initial summons and, if the defendant was immediately convicted due lack of opposition, that the summons was in his or her own person;
  • The judgment contains decisions that are contrary to the principles of Angolan public order;
  • The sentence offends the provisions of Angolan private law, where the matter should be resolved by the latter according to the conflict of laws rules of Angolan law;
  • A criminal judgment was the subject of a judgment made by the judge, or one of the judges, who intervened in the decision;
  • A document that the accused was unaware of, and which would have influenced the judgment in its favour, was not presented during the proceedings; or
  • The judgment is contrary to another that is res judicata between the parties.

Recognition of a foreign arbitral award may be challenged if the accused can allege or prove the following:

  • The parties did not have capacity to enter into the arbitration agreement referred to in Article II under the law applicable to them, or the arbitration agreement was invalid under the law to which the parties have subjected it or, if the parties have failed to choose a governing law, under the applicable law of the country in which the award was given;
  • The losing party was not adequately informed of either the appointment of the arbitrator or the arbitration proceedings, or was otherwise unable to defend its case;
  • The award concerns a dispute which is beyond the scope of the arbitration agreement, or contains elements that go beyond the terms of the arbitration agreement. However, if those problematic elements may be separated from rest of the award, the latter may be duly recognised and enforced;
  • The constitution of the arbitral tribunal or the arbitration proceedings did not accord with the agreement of the parties or, failing such agreement, did not accord with the law of the country in which the arbitration took place; or
  • The award has not yet become binding on the parties, or has been annulled or suspended by a competent authority of the country in which, or under the law of which, the award was given.

The rules for opposing enforcement vary depending on the relevant request.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
4.2
What is the limitation period for filing a challenge?
 
Angola
Opposition to recognition must be submitted by the counterparty within 10 days of the date of the applicant’s request for recognition.

The rules on the limitation period for lodging objections to enforcement will vary depending on the relevant request.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
4.3
Can the defendant seek injunctive relief to prevent enforcement while a challenge is pending?
 
Angola
Yes. In the case of enforcement, the party against which enforcement is sought may seek an injunction.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL