Q&As

How do I apply to the English court for permission to appeal an order setting aside an order granting enforcement of a New York Convention award?

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Produced in partnership with Dr Ewelina Kajowska of Norton Rose Fulbright
Published on LexisPSL on 08/10/2021

The following Arbitration Q&A produced in partnership with Dr Ewelina Kajowska of Norton Rose Fulbright provides comprehensive and up to date legal information covering:

  • How do I apply to the English court for permission to appeal an order setting aside an order granting enforcement of a New York Convention award?

How do I apply to the English court for permission to appeal an order setting aside an order granting enforcement of a New York Convention award?

Such an application for permission to appeal is to be made under CPR 52 and CPR PD 52C to the Court of Appeal, Civil Division by way of an Appellant’s Notice (Form N161) lodged at court within 21 days (or such other period as the court might direct) of the decision being appealed being made.

By way of context, the relevant procedural steps preceding such an application are, typically, as follows:

  1. the relevant New York Convention arbitration award is issued by the tribunal (the Arbitration Award)

  2. the Arbitration Award is not satisfied by the award debtor giving rise to a need for the award creditor to seek its judicial recognition, and enforcement

  3. the award creditor makes an application (an arbitration claim) to the Commercial Court for permission to enforce the Arbitration Award in the same manner as a judgment or order of the court to the same effect pursuant to section 101(2) of the Arbitration Act 1996. The award creditor is the claimant in the arbitration claim form (Form N8). The application to court is made without notice (typically) in accordance with the procedure set out in CPR 62.18

  4. an order granting enforcement of the Arbitration Award is made by

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