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 Bilateral treaties Bilateral treaties New York Convention of 1958 (reciprocity reservation) 1

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 lis pendens 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 2

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 3

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