Commentary

65 Enforcement of awards under English common law

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

65 Enforcement of awards under English common law

| Commentary

65 Enforcement of awards under English common law

The Arbitration Act 1996 explicitly preserves the right of a party to seek enforcement of an award at common law, by way of ‘an action on the award’1. Strictly speaking this is not a method of enforcing an award but rather a separate cause of action, as it involves the enforcing party bringing a separate claim for breach of contract. The breach is the losing party’s failure to abide by the original arbitration agreement, which is deemed to contain an implied promise to comply with the award2.

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