We won an arbitration in another country against a New Zealand company, which now says the award means nothing here. We want to know whether New Zealand courts will recognise it and how difficult the process is.
Foreign arbitral awards are generally enforceable in New Zealand. The Arbitration Act 1996 gives effect to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, so a New Zealand court will recognise and enforce an award made in another Convention country, subject to limited grounds for refusal. These include an invalid arbitration agreement, lack of proper notice, the award dealing with matters outside the submission, improper composition of the tribunal, or enforcement contradicting New Zealand public policy. You apply to the High Court with the original or certified copy of the award and the arbitration agreement. Once recognised, the award can be enforced like a judgment. Delay tactics by the losing party are common, so obtain advice on strategy.
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