Under the New York Convention of 1958, the recognition and enforcement of foreign arbitral awards depend on the submission of properly authenticated awards and arbitration agreements. In Germany, these formal requirements are applied pragmatically: for example, an application to the court must include the original arbitral award or a duly certified copy, and certification can be provided by the lawyer handling the case - not necessarily by a notary (§ 1064 ZPO). However, other jurisdictions may impose stricter formal requirements, making cross-border enforcement more complex.
To support parties seeking to enforce DIS arbitral awards internationally, the DIS offers assistance with notarization, certification, and authorization of arbitral awards.
Applicants are asked to clearly describe the requirements of the foreign jurisdiction where recognition and enforcement of the DIS award are sought. While applicants will bear any external costs for notarization and authorization, the DIS’ own assistance services are provided free of charge.
With these new services, the DIS aims to make cross-border enforcement of arbitral awards smoother and more accessible for all parties involved.
Antonida Netzer