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Sharing Expertise. Innovating Solutions.

Enforcement of arbitral awards in Angola and Mozambique. Filipa Cansado Carvalho. Sharing Expertise. Innovating Solutions. Enforcement background. ANGOLA. MOZAMBIQUE. Law 16/03 of July 25, 2003 Law 11/99 of July 8, 1999 Civil Procedure Code Civil Procedure Code

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Sharing Expertise. Innovating Solutions.

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  1. Enforcement of arbitral awards in Angola and Mozambique Filipa Cansado Carvalho Sharing Expertise. Innovating Solutions.

  2. Enforcement background ANGOLA • MOZAMBIQUE Law 16/03 of July 25, 2003 Law 11/99 of July 8, 1999 Civil Procedure Code Civil Procedure Code Bilateral treaties Bilateral treaties New York Convention of 1958 (reciprocity reservation)

  3. Key elements of enforcement regulation ANGOLA • MOZAMBIQUE • When the Code of Civil Procedure applies revision / enforcement requires that: • Award is authentic and decision is intelligible; • Award is res judicata; • That the Tribunal rendering the decision has jurisdiction in accordance to the enforcement country's law (arbitration agreement is valid); • No lispendens or res judicata in the country of enforcement; • The respondent was duly served; • No breach of the enforcement country’s public policy; • The award rendered against a national of the enforcement country does not offend national private substantive law, when according to the enforcement’s country’s conflict rules this should have been the applicable law; • Potential problems • Nationality privilege; • Arbitrability – “available rights” criteria, contracts not subject to individual negotiation; public companies • Time limit for rendering the award • National lawyers

  4. Main difficulties & recommendations ANGOLA • MOZAMBIQUE • Main difficulties • Courts are slow and have a poor record for efficiency and quality • Arbitration still relatively unknown • Very little information – decisions of the courts not published not easily accessible • Ex. Case 99/98 Fobinter, S.A. v Cogropa, E.E. (Mozambique) • Application of the Code of Civil Procedure • Public company • Recommendations • Try to build your contract so that you have other alternatives for enforcement • Involve local lawyers with knowledge of arbitration from the beginning • Consider having local lawyers in the arbitration team

  5. Filipa Cansado CarvalhoSenior Associate - Arbitration filipa.cansadocarvalho@plmj.com T. (+351) 213 197 314 4

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