Ireland has a long and proud tradition of supporting arbitration, both domestic and international.

In recent years, Ireland has co-ordinated its legislative, professional and service resources to put in place a comprehensive infrastructure for the conduct of international arbitration.

The legislature has implemented the UNCITRAL Model Law on International Commercial Arbitration in full, with some additional measures designed to increase the autonomy of the arbitration process. Irish lawyers are familiar with the Model Law and they frequently act in international arbitrations as arbitrators and representatives of parties to arbitral proceedings. Education and training is provided to ensure that the benefits of arbitration are understood across the legal and business sectors.

Ireland is also a party to the New York Convention on the Enforcement of International Arbitration awards.

Enforcement of Arbitration Awards

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, was given effect in Irish Law by Part III of the Arbitration Act 1980. Ireland has made the reciprocity reservation under Article 1(3) of the Convention which means that one can only enforce awards under the Convention which were made in a state which is a party to the Convention.

In practical terms, the New York Convention has been overtaken in Irish law by the UNCITRAL Model Law on International Commercial Arbitration which was given the force of law by the Arbitration (International Commercial) Act 1998. A party may now seek recognition and enforcement of an arbitration award under Articles 35 and 36 of the Model Law. Unlike the New York Convention, the Model Law, as implemented by the 1998 Act, allows enforcement of an arbitration award irrespective of where it was made. It does not need to be a foreign award, nor is there a requirement that it be given in a state which is a party to any particular Convention.

It is also important to note that the 1998 Act does not apply to arbitration proceedings commenced, or arbitration agreements entered into, before the Act came into operation, namely, the 20th May 1998 (unless the parties agree otherwise).

In procedural terms, enforcement of an award is straightforward, requiring an application to court for leave to enforce the award which proceeds by way of originating notice of motion and grounding affidavit.

The proofs required for the application are set out in Article 35(2) of the Model Law and are the same as those referred to in Article IV of the New York Convention. The original award and the original arbitration agreement or duly certified copies of each are required. If these are not in English or Irish then a translation will be required.

Once leave to enforce the award has been obtained all of the normal execution remedies under Irish law will be available against assets within the jurisdiction in order to satisfy the award.

Ireland is a party to the Washington Convention on the Settlement of Investment Disputes between States and Nationals of other States, 1965 ('the ICSID Convention'). Part IV of the Arbitration Act 1980 makes provision for enforcement under this Convention. The procedure entails an application for permission for enforcement under the provisions of Section 16(1) of the 1980 Act.