Comparative Guides

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4. Results: Answers
International Arbitration
Enforcement of awards
Are awards enforced in your jurisdiction? Under what procedure?

Answer ... Yes, the English courts have a pro-enforcement stance and both domestic and foreign arbitral awards can be enforced in the English courts. As a signatory to the New York Convention, the courts recognise foreign arbitration awards made in the territory of a state that is a party to the New York Convention in accordance with Section 101 of the Arbitration Act; but awards made in the territory of non-signatory states may also be enforced.

The party seeking to enforce the award will apply to the court to enter a judgment or order of the court on the same terms as the award (under Section 66 or 101 of the act (for awards made in the territory of another state which is a party to the New York Convention 1958)). A party may also be able to enforce an arbitral award at common law. In either case, the courts will refrain from examining the merits of the award.

Enforcement of the award can then take place using all means available to a court under English law, such as enforcement against goods or assets or third-party debt orders.

Where an award has been set aside by the courts in the seat of arbitration, the English courts have discretion as to whether to enforce such an award (Section 103(2)(f); Yukos Capital SARL v OJSC Rosneft Oil Company [2014] EWHC 2188 (Comm)). The English courts will question a foreign court’s decision on its own law and/or to undermine a foreign court’s judgment for bias or unfairness where there is compelling evidence (Malicorp Ltd v Government of the Arab Republic of Egypt [2015] EWHC 361 (Comm)).

For more information about this answer please contact: Craig Tevendale from Herbert Smith Freehills
International Arbitration