The following Arbitration practice note produced in partnership with Sam Williams of Collas Crill provides comprehensive and up to date legal information covering:
The legal framework relating to the recognition and enforcement of international arbitral awards in Jersey is set out in the Arbitration (Jersey) Law 1998, as amended (the Arbitration Law). Parts 3 and 4 thereof provide for the enforcement of arbitral awards made pursuant to:
the Protocol on Arbitration Clauses, 24 September 1923 (the Protocol)
the Geneva Convention on Foreign Arbitral Awards, 26 September 1927 (the Geneva Convention), and
the New York Convention, 10 June 1958 (the New York Convention)
In summary, an award made under an arbitration agreement to which any of the Protocol, Geneva Convention or New York Convention applies, meeting the relevant conditions, may be enforced before the Royal Court of Jersey (the Court) in the same manner as a judgment or order of that Court to the same effect.
The Arbitration Law distinguishes between domestic and non-domestic arbitral awards. Domestic awards are dealt with under Part 2 of the Arbitration Law, which provides for arbitration proceedings within Jersey, and are outside the scope of this article.
Non-domestic arbitral awards are sub-divided into two categories: foreign awards, which are dealt with at Part 3 of the Arbitration Law, and Convention awards, which are dealt with at Part 4 of the Arbitration Law. Note that where an arbitral award could fall under both definitions, the award shall be considered to be a Convention award
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