1. Enforcement of arbitral awards in Angola and Mozambique
Filipa Cansado Carvalho
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2. Enforcement background
ANGOLA
MOZAMBIQUE
Law 16/03 of July 25, 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

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 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

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 3

5. Filipa Cansado Carvalho Senior Associate - Arbitration
T. (+351) 4 4