The party relying on the award or applying for its enforcement must attach the original award or a duly certified copy. According to the Arbitration Law, attaching the arbitration agreement is not required and this applies to both domestic and foreign awards.
However, in practice, courts prefer to obtain a letter from the arbitral institution confirming that the “arbitration proceeding has been conducted and the award is rendered by the tribunal”. It is common for the parties to attach this to the request.
The Arbitration law states that, if the award is not made in the Mongolian language, the court has the right to request the party to provide a duly certified official translation thereof into the Mongolian language. Other than that, the wording of the Arbitration law does not specify that the award must be translated at the time of an application for enforcement.
The Arbitration Law or other related laws do not require the parties to be represented by a lawyer, as obtaining legal representation is not an obligation.
However, if the parties want to be represented by an attorney, in addition to having been admitted to the Mongolian Bar Association, he or she must be a lawyer who passed the advocate’s exam and is registered in the Association of Mongolian Advocates.
As for foreign lawyers, until recently, it was not clear whether they could represent clients in court or in arbitration in Mongolia. But, according to the Order of the Minister of Justice, lawyers and law firms who have been admitted to the bar in their jurisdictions have the right to represent their clients in organizations other than courts (https://legalinfo.mn/mn/detail?lawId=9597). Therefore, this can be interpreted as permission for foreign lawyers to represent parties in arbitration in Mongolia but not before Mongolia courts. However, there is no publicly available case yet suggesting this was done.
Service of judicial and extrajudicial documents may either be effected by an usher or by regular postal mail.
Unlike the UNCITRAL Model Law, which applies to international commercial arbitration, the Arbitration Law applies to both international and domestic arbitration in Mongolia. Although substantive requirements for both types of arbitration remain the same, the Arbitration Law sets out slightly different procedural requirements for international and domestic arbitration. For example, the time limit for filing complaints and the jurisdiction of the courts to deal with enforcement requests differ between domestic and foreign awards (see Articles 6.2, 13.8, 15.3, 47.3 of Arbitration Law for more information).