Q&As

What is a duly authenticated original of an arbitral award?

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Published on LexisPSL on 17/07/2014

The following Arbitration Q&A provides comprehensive and up to date legal information covering:

  • What is a duly authenticated original of an arbitral award?
  • Requirements of originals
  • Requirements of copies

What is a duly authenticated original of an arbitral award?

A party seeking recognition and/or enforcement in the courts of England & Wales of an award made in a country which is signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) must provide:

  1. the duly authenticated original award or a duly certified copy of it; and

  2. the original arbitration agreement or a duly certified copy of it

Requirements of originals

If a party wishes to provide an original of the award, under the Arbitration Act 1996 s 102 (AA 1996, s 102), it must be ‘duly authenticated’. There is no definition of ‘duly authenticated’ in AA 1996. In Lombard-Knight v Rainstorm, the court confirmed that there are no requirements for ‘independent’ certification of an arbitration award either pursuant to the AA 1996 or otherwise and, therefore, the normal rules on certifying copies apply. In practice therefore, a copy of the award (if in English) should be certified as a true copy by the solicitors filing

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