In proceedings for opposition to enforcement brought on the basis of a foreign award accompanied by a recognition decree, the opposing party may not raise issues relating to defects in the award or the correctness of the exequatur, being able to contest the right to proceed with enforcement only for defects that determine the legal non-existence of the title or for facts that modify or extinguish the relationship subsequent to the formation of the title.
The recognition and enforcement of a foreign award are refused pursuant to Article 840 paragraph 3 No. 5 of the Code of Civil Procedure only if the award has been set aside or suspended by the competent authority of the State in which or according to the law of which it was rendered, the mere filing of an application for annulment without suspensive effect under the applicable foreign law not being sufficient.
