Enforcing an Arbitration Award in Trinidad and Tobago

In May 2024 the High Court recognised an ICC award of about US$1.33 billion won by ConocoPhillips against Petróleos de Venezuela (PDVSA), Venezuela's state oil company. In September it appointed an interim receiver: a person put in place by the court to take control of assets while the matter continues.

Large awards against powerful debtors can be enforced here, and the courts will act to protect them. For awards finalised since the Arbitration Act 2023 took effect, the route runs through section 54.

What the award holder files

Section 54 starts from a simple position. An award is recognised as binding "irrespective of the country in which it was made", and the court enforces it on a written application. The filing needs 3 things.

The award. The original award or a copy of it goes to the court.

A translation. If the award is not in English, a certified English translation is needed.

Proof for electronic copies. The court can accept an electronic copy once it is verified and backed by an affidavit, a sworn written statement.

Under the old law the arbitration agreement itself had to be filed as well. The 2023 Act drops that requirement, in line with the 2006 update to the UNCITRAL Model Law on which it is based. The Act's other reforms are set out in how the 2023 Act reshaped arbitration.

The few ways to resist

Section 55 limits the losing side's options: enforcement "may be refused only" on the grounds it lists. Most of those grounds test the fairness of the process and the limits of the tribunal's authority; none asks the court to rehear the dispute. The grounds the other side must prove fall into five groups.

A flawed agreement. A party lacked the capacity to agree, or the arbitration agreement was invalid under the law that governs it.

An unfair hearing. A party was not properly told of the arbitrator's appointment or the proceedings, or it was otherwise unable to present its case.

An award beyond the reference. The award dealt with matters the parties never referred to the tribunal. If those parts can be separated, the rest of the award can still be enforced.

The wrong tribunal or process. The tribunal or the procedure did not follow the parties' agreement. Where there was no agreement on the point, the test is the law of the country where the arbitration took place.

An award not yet final. The award is not yet binding, or a court where it was made has set it aside or suspended it.

The court can also refuse on two grounds of its own. Either the dispute is one that cannot be arbitrated under the law of Trinidad and Tobago, or enforcement would conflict with public policy. That term covers the basic principles of fairness and legality the courts here protect.

A challenge may still be running in the country where the award was made. The court here can then adjourn its decision. On the award holder's request, it can also order the other side to lodge security – money or a guarantee – while it waits.

Two timing rules

Timing affects both sides of an award, in different ways.

Older awards. Awards finalised before the Act came into force on 19 February 2024 still go through the repealed Arbitration Act, Chapter 5:01 (section 66(3)). Awards from other New York Convention states can also rely on the Arbitration (Foreign Arbitral Awards) Act, Chapter 5:30, which the 2023 Act did not repeal. The ConocoPhillips award predated the Act and went through the old legislation.

The challenge deadline. A party that wants to set aside an award made in Trinidad and Tobago has 3 months from receiving it. If a party asked the tribunal to correct or interpret the award, the 3 months run from when the tribunal dealt with that request (section 53).

Reaching the assets

Recognition opens the way to the court's enforcement processes against the other side's property. Where those assets are at risk, the holder can act before enforcement is complete. A freezing injunction can hold them in place while enforcement proceeds. In the ConocoPhillips case the court went further and appointed a receiver.

Court judgments from abroad follow different rules, covered in enforcing a foreign judgment here. Where the debtor's property is outside Trinidad and Tobago, the award may need to go before the courts of another Convention state.

Frequently asked questions

Can a foreign arbitration award be enforced in Trinidad and Tobago? Yes. Section 54 of the Arbitration Act 2023 recognises awards made in any country, on a written application to the court. Awards finalised before 19 February 2024 go through the old legislation instead.

Do I need to file the arbitration agreement to enforce an award? Not under the 2023 Act. The award or a copy is enough, with a certified English translation if it is in another language. The old law required the agreement as well.

How long does a party have to challenge an award made in Trinidad and Tobago? The deadline is 3 months from receiving the award or from the tribunal's decision on a request to correct or interpret it (section 53).

For a business holding an award, the first practical question is which Act applies. After that come the papers and, where needed, protection for the assets. The objections open to the other side are fixed in advance, which makes the outcome easier to plan for.