| 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

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial