Enforcing arbitral awards in Guernsey
Produced in partnership with Mathew Newman, Sam Dingle, Michael Rogers and Jessica Barnes of Ogier

The following Arbitration practice note produced in partnership with Mathew Newman, Sam Dingle, Michael Rogers and Jessica Barnes of Ogier provides comprehensive and up to date legal information covering:

  • Enforcing arbitral awards in Guernsey
  • Introduction to the enforcement regime in Guernsey
  • Enforcing domestic awards
  • The enforcement of non-domestic awards
  • Non-domestic awards—the definition of 'arbitration agreements'
  • New York Convention Awards—grounds for refusing enforcement
  • Foreign Awards—conditions for enforcement
  • Foreign Awards—grounds for refusing enforcement
  • The relevant procedure
  • Methods of enforcing a judgment

Enforcing arbitral awards in Guernsey

Introduction to the enforcement regime in Guernsey

The law on the recognition and enforcement of arbitral awards in Guernsey is statutory and contained in the Arbitration (Guernsey) Law 2016 (the 2016 Law) and the Arbitration (Guernsey) Law 1982 (the 1982 Law) which together deal with domestic arbitration proceedings and the enforcement of arbitral awards (including domestic, foreign and New York Convention Awards). The Royal Court has also issued the Royal Court (Arbitration) (Guernsey) Rules 1983 (the Rules), which set out how applications under the arbitration laws should be made.

Guernsey is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), the territorial application of which was extended to Guernsey in 1985. The recognition and enforcement of awards made pursuant to an arbitration agreement in the territory of a state which is a party to the New York Convention (New York Convention Awards) is now incorporated into Guernsey law by the 2016 Law, while the 1982 Law continues to provide for the recognition and enforcement of awards made pursuant to an arbitration agreement to which the Execution of Foreign Arbitral Awards, 26 September 1927 and the Protocol on Arbitration Clauses, 24 September 1923 applies (which do not also fall within the definition of New York Convention Awards) (Foreign Awards).

The introduction of the 2016 Law

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