- Leave to enforce a consent award set aside under AA 1996, s 66 (A v B)
- What are the practical implications of this decision?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: Following a remote hearing, Mrs Justice Moulder in the Commercial Court set aside an order of Teare J granting leave to enforce the operative part of a consent award made by a sole arbitrator, which would have triggered an accelerated payment of the balance of the settlement sum in place of a schedule of instalments. The arbitration had been seated in London but the application for leave had erroneously invoked, in addition to section 66 of the Arbitration Act 1996 (AA 1996), AA 1996, s 101(2), which applies to New York Convention awards. Moulder J considered that the judge who heard the ex parte application might have been led to make an order which he might not otherwise have done. If she was wrong on that, the award debtor had shown a realistic prospect of establishing a defence to enforcement and the factual dispute required a further hearing under AA 1996, s 66.
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