Comparative Guides

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4. Results: Answers
International Arbitration
Enforcement of awards
Are awards enforced in your jurisdiction? Under what procedure?

Answer ... An award made by a tribunal seated in Montenegro is enforced directly under the enforcement and security law (Article 46). However, foreign arbitral awards must first be recognised in Montenegro.

A foreign award shall be recognised unless the court finds that:

  • there are grounds to refuse recognition;
  • the award has not become binding; or
  • the award has been set aside or suspended in the country in which, or under the law of which, it was made (Article 51(1)).

The following grounds, if raised by a party, may lead to refusal of recognition:

  • The arbitration agreement is not valid under the applicable law;
  • The party was not given proper notice of the arbitrators’ appointment or the arbitral proceedings, or was otherwise unable to present its case;
  • The award decides on matters not contemplated by or exceeding the scope of the arbitration agreement; or
  • The tribunal was not constituted or the proceeding was not conducted in accordance with the arbitration agreement or the law of the place of arbitration (Article 52(1)).

The court shall further refuse recognition ex officio if:

  • the dispute is not arbitrable; or
  • the effects of the arbitral award would be contrary to Montenegrin public policy (Article 52(2)).

The recognition proceedings are initiated on a party’s application, accompanied by:

  • the original arbitral award or a certified copy;
  • the original arbitration agreement or a certified copy; and
  • a certified translation of the award and arbitration agreement into Montenegrin or another language in official use in Montenegro (Article 51(3)).

For more information about this answer please contact: Tanja Šumar from Schoenherr Attorneys at Law
International Arbitration