Enforcing arbitral awards in England and Wales

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • Enforcing arbitral awards in England and Wales
  • Scope of this Practice Note
  • Why is the recognition and enforcement of arbitral awards relevant?
  • Jurisdiction—what sort of awards may be enforced?
  • Recognition and enforcement of arbitral awards made at an English seat and foreign arbitral awards in England (AA 1996, s 66)
  • Enforcement of an award in the same manner as a judgment/order (AA 1996, s 66(1))
  • Judgment in terms of the award (AA 1996, s 66(2))
  • Is the court obliged to enforce awards under AA 1996, s 66?
  • The procedure for enforcement of awards under AA 1996, s 66
  • Can declaratory awards be enforced under AA 1996, s 66?
  • More...

Enforcing arbitral awards in England and Wales

Note: some of the guidance in this Practice Note was developed from content originally produced in partnership with Professor Robert Merkin and CMS. This Practice Note also includes some practical guidance provided by Richard Power of Clyde & Co LLP.

Scope of this Practice Note

This Practice Note considers the recognition and enforcement of arbitration awards in England and Wales (England and English are used as convenient shorthand in this Practice Note).

Such awards include:

  1. awards made where the seat of the arbitration was England, and

  2. foreign awards, ie awards made where the seat of the arbitration was in a jurisdiction that was not England

Foreign awards include:

  1. New York Convention awards, ie awards made where the seat of the arbitration was in states that have adopted the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). The UK ratified the New York Convention and it entered into force for the UK on 23 December 1975—see Practice Note: The New York Convention—the recognition and enforcement of arbitral awards—an introduction for general guidance and information on the New York Convention

  2. Geneva Convention on the Execution of Foreign Arbitral Awards 1927 (Geneva Convention) awards

  3. awards where no international convention or treaty applies (there are very few instances where this is relevant)

For guidance on the meaning of an ‘award’

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