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Commentary

68 Discretion to enforce an award

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

68 Discretion to enforce an award

| Commentary

68 Discretion to enforce an award

The courts have discretion under the Arbitration Act 1996 to enforce a New York Convention1 award even where one of the grounds for non-enforcement applies2. This discretion will be applied narrowly, and is unlikely to be used where the award contains a fundamental or structural defect3. It may, however, be used where the right to rely on a set of circumstances has been lost, for example due to another agreement or an estoppel4, or where there has been no prejudice to the party resisting enforcement as a consequence of the circumstances complained of5. In

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