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Enforcing arbitral awards in Costa Rica: local awards, foreign awards under the New York and Panama Conventions, and the Sala Primera

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Last verified: 2026-10-29 · Status: Stable

Awards made in Costa Rica are enforced directly in court like judgments, and an annulment request does not suspend them. Foreign awards are recognised by the Sala Primera of the Supreme Court in an incidental procedure with no appeal, applying the New York Convention (in force for Costa Rica since 24 January 1988, without reservations) and the Model Law refusal grounds. The applicant files the award or a copy; the court may require a Spanish translation.

Key facts

New York Convention partyyes yes or noLey 6157, as of 2026-10-29 · in force
New York Convention in force1988-01-24 dateLey 6157, as of 2026-10-29 · in force
New York Convention reservationsnone textLey 6157, as of 2026-10-29 · in force
Panama Convention approval lawLey 6165 textLey 6165, as of 2026-10-29 · in force
Court recognising foreign awardsSala Primera (civil and commercial) textLey 9342 art. 99; LOPJ art. 54, as of 2026-10-29 · in force
Appeal against recognition decisionnone textLey 9342 art. 99.3, as of 2026-10-29 · in force
Translation of foreign awardat the court's request textLey 8937 art. 36, as of 2026-10-29 · in force

The rule

1. Costa Rica ratified the New York Convention, approved by Ley 6157; UNCITRAL records signature on 10 June 1958, ratification on 26 October 1987 and entry into force on 24 January 1988, with no reciprocity or commercial reservation.Ley 6157, art. 1, 1977-12-02 official text · verified 2026-10-29
2. Costa Rica also approved the Inter American (Panama) Convention on International Commercial Arbitration, under which awards not subject to appeal have the force of a final judgment.Ley 6165, Convención Interamericana sobre Arbitraje Comercial Internacional, art. 4, 1977-12-02 official text · verified 2026-10-29
3. A foreign award is one made at a seat outside Costa Rica; it is recognised as binding and enforced on written application, applying the treaties ratified by Costa Rica; the applicant files the original or a copy, and the court may ask for a translation into Spanish.Ley 8937 as reformed by Ley 10535, art. 36 and 37, 2024-09-18 official text · verified 2026-10-29
4. Recognition may be refused only on the New York Convention grounds: incapacity or invalid agreement, lack of notice or inability to present the case, excess of mandate, irregular composition or procedure, award not yet binding or set aside at the seat, non arbitrability under Costa Rican law or public policy; if annulment is pending at the seat the court may adjourn and order security.Ley 8937 as reformed by Ley 10535, art. 37, 2024-09-18 official text · verified 2026-10-29
5. Recognition of foreign awards in civil and commercial matters belongs to the Sala Primera (labour, family, succession and insolvency to the Sala Segunda); the procedure is incidental, there is no appeal and enforcement once ordered cannot be suspended; the enforcing court is that of the debtor's domicile or, if the debtor is abroad, one chosen by the applicant.Ley 9342, Código Procesal Civil, and Ley 7333 art. 54 as reformed, art. 99.3; LOPJ art. 54(7) and 55(6), 2016-02-03 official text · verified 2026-10-29
6. Domestic awards are enforced under the procedural rules for judgments in the relevant subject matter, filing the award and any corrections; annulment does not suspend compliance.Ley 8937 as reformed by Ley 10535, art. 35, 2024-09-18 official text · verified 2026-10-29

Worked example

  • A New York seated award against a Costa Rican distributor is filed at the Sala Primera with a certified copy and a Spanish translation. The distributor can only raise the Convention grounds. Once recognition is granted, with no appeal, the file goes to the civil court of the distributor's domicile for attachment and auction.

Step by step

  1. Obtain a certified copy of the award and, if requested, an official Spanish translation; apostille foreign public documents.
  2. File the recognition request at the Sala Primera with proof of the arbitration agreement.
  3. Identify Costa Rican assets in advance and request interim measures from the competent court if there is a risk of dissipation.
  4. After recognition, enforce through the court of the debtor's domicile under the judgment enforcement rules.

Common traps

  • An award set aside at the seat can be refused (art. 37(1)(a)(v)); watch parallel annulment cases abroad.
  • Public policy and non arbitrability are judged under Costa Rican law; disputes on local real estate rights and company resolutions are reserved to Costa Rican courts.
  • The Sala Segunda, not the Sala Primera, hears awards in labour, family, succession and insolvency matters.

Sources

Related pages

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