1E9Ct5D

The party invoking the award or requesting its enforcement must present the originalof the award duly authenticated or a certified copy thereof and the original of the arbitrationagreement. In the event that the award or the arbitral agreement is not in Spanish,the party invoking it must present a translation into Spanish of such documents,done by an official translator.In our country the recognition or enforcement of the arbitral award, from whatevercountry in which it was issued, can be denied when the party against whom the awardis invoked proves before the competent judge of the country in which the recognitionor execution is requested that:a) One of the parties to the arbitration agreement was affected by legal incapacity;b) It was not duly notified of the appointment of an arbitrator or of the arbitrationproceedings, or has not been able, for whatever reason, to assert its rights;c) The award refers to a dispute not contemplated in the arbitration agreement orcontains decisions that exceed the terms of the arbitration agreement;d) The composition of the arbitral tribunal or the arbitral proceeding does not complywith the agreement executed by the parties; or when the judge proves thate) Under Mexican law the object in dispute cannot be subjected to arbitration or thatthe award is contrary to public order.The above are identical to the causes for invoking the nullity of the arbitral award.In addition to the above-mentioned causes, the recognition and execution of theaward can be denied when it is not yet binding on the parties or it has been annulled orsuspended by the judge of the country in which or according to whose law such awardhad been issued.In this regard, the judicial courts in Mexico cannot examine nor decide on the fairnessor unfairness of the award, or on the legal or factual grounds on which it is supported.They will be limited to examining its authenticity and to deciding whether or not itshould be executed under national law.Finally, it should be mentioned that the recognition and execution proceeding is carriedout in an ancillary proceeding in the same time periods as stated in relation to thenullification of the award proceeding.Aside from the above, both the ruling issued by the judge in a nullity proceeding and theruling issued in an enforcement of the award proceeding can be challenged through theamparo proceeding. It is important to restate in this regard that what will be examined in allcases in the amparo proceeding is the ruling issued by the judge either with respect to thenullity or the enforcement of the award, but never the award issued by the arbitral tribunal.In this respect, it should be mentioned that the parties cannot invoke the amparo proceedingagainst the award, by virtue of the fact that the arbitrator is not a state authority and, therefore,does not issue acts of authority that can harm the constitutional rights of a private party.357Dispute Resolution