Lawrence Clare

This Practice Note discusses what steps a party may take under the Arbitration Act 1996 in England and Wales if another party fails to comply with an order of the arbitral tribunal. It sets out how to apply to the tribunal for a peremptory order (AA 1996, s 41) (ie the power of an arbitral tribunal or arbitrator(s) to make, order, issue or grant a peremptory order; sometimes referred to as an ‘unless’ order in arbitration) and, if that is not effective, to apply to the English court for enforcement of that peremptory order (section 42 of the AA 1996). A peremptory order is an interim remedy the tribunal has power to grant or issue in arbitration proceedings. It is a remedy for non-compliance with a tribunal’s order. Peremptory broadly means insisting on immediate attention or obedience. The power to make peremptory orders extended to emergency arbitrators with Section 41A (inserted by the Arbitration Act 2025).

This Practice Note considers the remedies an arbitral tribunal can order in awards in arbitrations under section 48 of the Arbitration Act 1996 (AA 1996). Remedies include the payment of money (damages), specific performance, rectification and declarations. The Practice Note also covers the question of the currency or currencies in which an award can be made.