The request for the recognition and enforcement of a foreign arbitral award must be filed alongside the original award and the original arbitration agreement, or a duly authenticated copy of said documents, according to the standard set out in the 1958 New York Convention (Arts. 82 LMCA and 334 CPCM). In case of domestic arbitral awards, a copy of the original award will be sufficient to initiate the enforcement proceedings, but courts will also require the filing of the arbitration agreement (Art. 570 CPCM).
In case the foreign or domestic arbitral award or the arbitration agreement are not drafted in Spanish, the award-creditor must provide a translation certified by a public notary authorized in El Salvador. This must be filed alongside with the request for recognition and enforcement of said arbitral award (Arts. 81 LMCA and 148 CPCM).
The award-creditor must be represented by an authorized attorney in El Salvador (Art. 67 CPCM). Attorneys admitted in foreign jurisdictions hence are not permitted to represent parties in recognition and enforcement proceedings.
The Supreme Court of El Salvador has a notification platform through which all courts can affect necessary notifications and serve judicial documents. Attorneys may register their e-mails in the system and provide them to courts at the start or through the course of any proceeding.
If a court needs to make notifications or deliver documents to any party, a court official will send them through said electronic notification platform, to the registered email provided by the attorneys of the parties. If no registered e-mail is provided, or whenever the court deems appropriate, the notification and delivery of documents can also be made by a court official at the physical address of the party concerned. Said notifications and documents must be served personally to the person concerned, or in case of a company, to the legal representative, manager, or any other person with sufficient authority.
If the relevant party is outside the territory of El Salvador, local courts can request the assistance of foreign courts to carry out the service of judicial documents (Arts. 149 and 191 CPCM). There is no specific regulation in respect of service of extrajudicial documents.
By contrast to foreign awards, domestic awards do not need to be recognized by the Civil Chamber of the Supreme Court. Other than that, there is no difference in respect of the enforcement of domestic and foreign arbitral awards (Art. 83 LMCA).