The phrase “the court rules on the recognition or enforcement of the award on a public hearing” refers not to the a type of the decision of the court but a type of case the court is deciding. Consequently, the court shall decide on the motion on a public hearing irrespectively of the type of the decision it is going to issue (both granting and dismissing the motion). If the court rules on a closed hearing instead of a public one, a party is deprived of its right to present the case, which leads to mistrial (art. 379 point 5 k.p.c.).

Consequently, the proceedings for the recognition of a foreign arbitral award should be conducted on the basis of the New York Convention with the supplementary application of k.p.c. As a result, the form requirements have to be taken from the New York Convention and not from art. 1162 k.p.c.

The lack of documents required by art. 1213 k.p.c. is a formal flaw of the motion, which can be cured by a party.