Answer ... A domestic arbitral award is directly enforceable in Macedonia. However, foreign arbitral awards must first be recognised (Article 37).
With its request for recognition, a party must provide:
- the duly authenticated original award or a duly certified copy;
- the original arbitration agreement or a duly certified copy; and
- a certified translation of the award and the arbitration agreement into Macedonian or another language officially used before the Macedonian courts (Article IV of the New York Convention).
The following grounds may result in refusal of recognition:
- The arbitration agreement is not valid under its applicable law or a party to the same was incapable of concluding it (Article V(1)(a) of the New York Convention);
- A party (the applicant) was not given proper notice of the tribunal’s appointment or the arbitration proceedings, or was otherwise unable to present its case (Article V(1)(b) of the New York Convention);
- The award decides on matters that are not contemplated by or exceed the scope of the arbitration agreement (Article V(1)(c) of the New York Convention);
- The tribunal was not constituted or the arbitral procedure was not conducted in accordance with the parties’ agreement or the law of place of arbitration; (Article V(1)(d) of the New York Convention);
- The award has not become binding on the parties, or has been set aside or suspended, in the state in which or under whose law the award was made (Article V(1)(e) of the New York Convention);
- The dispute is not arbitrable (Article V(2)(a) of the New York Convention.); or
- Recognition or enforcement of the award would be contrary to Macedonian public policy (Article V (2) (b) of the New York Convention).
The grounds in the first five points above must be raised by the party, while the court shall refuse recognition ex officio in case of grounds under the sixth and seventh.