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An arbitral award in the form of a declaration can be entered as a judgment (West Tankers Inc v Allianz SpA)

An arbitral award in the form of a declaration can be entered as a judgment (West Tankers Inc v Allianz SpA)
Published on: 27 January 2012
Published by: LexisPSL
  • An arbitral award in the form of a declaration can be entered as a judgment (West Tankers Inc v Allianz SpA)
  • What were the facts?
  • What did the court decide?
  • Issue estoppel
  • Uncertainty
  • The purpose of s 66
  • What are the implications of the judgment?
  • Court details

Article summary

The Court of Appeal held that it has power under s 66 of the Arbitration Act 1996 to give leave for judgment to be entered in the terms of an arbitral award even where the award is in the form of a negative declaration. Section 66 is not confined to enforcement by one of the normal forms of execution of a judgment but can include other means such as issue estoppel. It is intended to be a simple procedure for ensuring compliance with an award and to avoid the need to bring an action on an award. or take a trial to read the full analysis.

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