60 Exhaustion of arbitral procedures

Copyright © 2025 LexisNexis

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)

60 Exhaustion of arbitral procedures

Copyright © 2025 LexisNexis

| Commentary

Before seeking to challenge an award under the Arbitration Act 1996 Sections 67 to 69¹, a party must

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C: ARBITRATION

61 Loss of right to object

62 Time limits for an application or appeal

63 Non-participants

64 Security for costs and payment into court

65 Enforcement of awards under Arbitration Act 1996

66 Enforcement of awards under English common law

67 Enforcement of New York Convention awards

68.1 Overview of the grounds

68.2 A party to the arbitration agreement was (under the law applicable to that party) under some incapacity

68.3 The arbitration agreement was not valid under the law to which the parties subjected it or, failing any indication thereon, under the law of the country where the award was made

68.4 The party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present its case

68.7 The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made

68.8 The matter is not capable of settlement by arbitration, or it would be contrary to public policy to recognise or enforce the award

69 Discretion to enforce an award

70 Enforcement of ICSID Convention awards

72 Enforcement of foreign awards not falling under any of the above conventions

73 State immunity from execution

74 Execution measures

75 Interim relief in aid of enforcement

76 Overview