Required Documents and Enforcement of Foreign Arbitration Awards in Iran

I am Khalil Asayesh, an Iranian lawyer from the Tehran Bar Association (license number 21129). Thank you for choosing my site to use legal services. This site has been established to enhance legal knowledge, provide legal advice, and solve issues in domestic and international law.

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My specialty is in international companies and contracts, and I have experience in international arbitration. I also have practical experience in enforcing foreign court judgments in Iranian courts and courts outside Iran, including Germany, France, Turkey, UAE, and Oman. I am ready to provide legal services in this field.

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Documents Required for Enforcing Foreign Arbitration Awards

To enforce foreign judgments – including foreign arbitration awards – according to Iranian Civil Judgments Enforcement Act, Article 173, the applicant must submit the following documents:

Documents to be submitted by the applicant:

1. A copy of the foreign court order that is valid or originally certified by the political or consular officer of the issuing country, or translated into Persian.
2. A copy of the order to execute the decree issued by the competent authority, along with its certified translation.
3. A certificate from the political or consular representative of Iran in the country where the judgment was issued, along with the political or consular representative of the issuing country in Iran, confirming issuance and execution by the competent authorities.
4. Certificate of signature of the foreign political or consular representative residing in Iran by the Ministry of Foreign Affairs.

Enforcement According to the New York Convention

With the ratification of the New York Convention and its adoption into Iranian law, the strictness of document submission for arbitration awards has been reduced.

Documents sufficient under Article 4 of the New York Convention:

1. The original or a copy of the arbitration award (Mossadegh).
2. The original or a copy of the arbitration agreement.
3. If the award or arbitration agreement is not in the official language of the country of enforcement, the applicant must submit a certified translation approved by a sworn translator or the consular representative.

For enforcing non-arbitration court judgments, Article 173 applies, while for foreign arbitration awards, the provisions of Article 4 of the New York Convention are applicable. These simplified rules should be welcomed, but the executing judge must ensure that the foreign arbitration award was indeed issued and that a valid arbitration agreement existed between the parties.

Execution of Foreign Arbitration Awards

The New York Convention does not provide specific rules on how arbitration awards are executed. Therefore, execution must follow the domestic laws of the respective country. This approach is reasonable because:

• Judicial procedures and the manner of executing court and arbitration judgments
• Objections by the parties

All are subject to the internal law, public order, and traditions of each country.

According to Article 178 of the Civil Code of Iran:

• Foreign judgments and documents are executed according to civil judgment enforcement rules.
• The applicant must apply for execution, and the competent court issues an executive order.
• The execution is communicated to the beneficiary, who may request annulment if they object.

Annulment or Suspension of Enforcement

These rules also apply to foreign arbitration awards. If the award is challenged by a court or a temporary order is issued, the competent court can:

• Suspend the enforcement of the arbitration award
• Take measures to compensate potential harm to the affected party

In other words, enforcement may be temporarily postponed to ensure the rights of the parties and prevent potential damage.