For an introduction to arbitration in Qatar, see Practice Note: Arbitration in Qatar—an introduction. An introduction to enforcement of arbitral awards in Qatar Depending on where the arbitral award is made, award creditors can rely on Qatar Law No. 2/2017 promulgating the Civil and Commercial Arbitration Law (Qatari Arbitration Law) or certain international treaties (primarily the New York Convention) for recognition and enforcement of arbitral awards in Qatar. As a Contracting State, Qatar is bound by the provisions of the New York Convention. In accordance with Articles 2 and 3, Qatar is obliged to recognise a written arbitration agreement and to recognise arbitral awards as binding and enforce them in accordance with its domestic rules of procedure under the conditions set out in the New York Convention. While the Qatari Arbitration Law and international treaties (the application of which is protected by the Qatari Arbitration Law itself) set out the legal framework for recognition and enforcement of arbitral awards, the practical aspects of recognising

This Practice Note considers the recognition and enforcement of international arbitration awards in Switzerland. Under Swiss law separate enforcement proceedings before different courts apply depending on whether an arbitral award orders for the payment of a sum of money (monetary claims) or specific performance (see articles 335(1)–(2) of the Swiss Code of Civil Procedure (CCP)). Where an award grants both monetary and non-monetary relief to a party, that party must seek enforcement separately for each category of relief. The rules governing enforcement proceedings for monetary and non-monetary relief will be set out in detail below. Only decisions of arbitral tribunals which dispose of the totality or part of the claims are enforceable in Switzerland, ie partial or final awards on the merits. The duration of enforcement proceedings depends on a number of factors, including the complexity of the matter. Usually, enforcement proceedings can take between six months and two years. Enforcement of Swiss international arbitral awards in Switzerland International arbitral awards are enforceable as such An

This Practice Note considers the recognition and enforcement of arbitration awards in the Netherlands. Introduction The Netherlands is an arbitration-friendly jurisdiction with a modern and pragmatic Arbitration Law. The Dutch law on arbitration is set out in the 4th book of the Dutch Code of Civil Procedure (‘DCCP’), and is also referred to as the Netherlands Arbitration Act. When it comes to enforcement of awards, the Netherlands Arbitration Act distinguishes between domestic awards, being awards rendered in an arbitration seated in the Netherlands, and foreign awards, being awards rendered in an arbitration outside the Netherlands. Both types of awards will only become enforceable after leave for enforcement, also referred to as an exequatur, has been granted. Once that leave has been obtained, the award can be enforced in the Netherlands in the same manner as an enforceable State court judgment. The procedures to enforce both types of awards will be discussed below, after first discussing the two forms of recourse against arbitral awards: setting aside and revocation. Setting

Arbitration analysis: The Supreme Court of Justice of Colombia recently ruled on the recognition of a partial arbitral award rendered by an ICC tribunal seated in New York. The award ordered the respondent to reimburse USD 125,000 to the claimant, who had advanced the portion of arbitral costs that the respondent failed to pay. The court held that the obligation to pay advances on arbitral costs is contractual in nature and may therefore be enforced through a partial award, rather than being limited to procedural sanctions. The court further clarified that insolvency or reorganization proceedings do not constitute an obstacle to either the continuation of arbitration or the recognition of partial or final awards, at least under Colombian law. The decision provides important guidance for international arbitration practitioners regarding cost allocation, partial awards, and proceedings involving financially distressed parties. Written by Santiago Cruz Mantilla, partner, and Esteban Arcila Martínez, law student, at Philippi Prietocarrizosa Ferrero DU & Uría.

This Practice Note explains how confiscation orders are satisfied and, where they are not, how they are enforced in the magistrates’ courts. It covers the time period for the payment of confiscation orders and the extent to which time for payment can be extended. The court’s powers to impose an attachment of earnings order, a warrant of distress, or to appoint a receiver or the sale of seized personal property to satisfy a confiscation order are also explained. It introduces the ultimate sanction, which is a warrant of commitment whereby the defendant (offender) who has not paid the confiscation sum, is committed to prison to serve the term of imprisonment in default of payment. The way in which money paid in satisfaction of the confiscation order to the Justices’ Chief Executive of the magistrates’ court is applied, to whom and in what order is set out according to the regime under the Proceeds of Crime Act 2002 (POCA 2002) are also covered. Status of a confiscation order A confiscation order is an order to pay a

Part 3, Schedule 5 Part 1–Schedule 5 Part 6 and Schedule 6 of the Consumer Rights Act 2015 (CRA 2015) contains a consolidated generic set of investigatory powers to be applied across a catalogue of consumer protection legislation. The powers outlined below represent a consolidation, refinement and amendment of those derived from the fractured legislative framework which previously governed consumer law. Enforcers with access to the generic set of investigatory powers under CRA 2015 A number of different regulatory bodies and enforcers are responsible for enforcing consumer law in the UK. The type of enforcer under CRA 2015 is determined by which legislation/offences are being enforced and what powers are available to enforcers depends on what type of enforcer they are. Under CRA 2015, there are four types of enforcer: • domestic enforcers who have responsibility to enforce consumer law in the UK. In relation to England and Wales, this includes Trading Standards, the Secretary of State (the Secretary of State may by regulations delegate to another person any of their enforcement

Who can enforce? The question of who can bring enforcement proceedings against a bond issuer depends principally on whether the issue of the bonds has been structured with a trustee or a fiscal agent. When a trustee has been appointed, the trustee is generally able to enforce on behalf of the bondholders. When a fiscal agent has been appointed, it is incumbent on the bondholders to enforce their rights against the issuer. The fiscal agent has no role in enforcement. For information on the key parties in a debt capital markets transaction, see Practice Note: Parties in an issue of debt securities. For more information on the different issues that arise based on whether the bond issue is structured using a trustee or a fiscal agent, see Practice Note: Parties in an issue of debt securities—Fiscal agent or trustee. Where the bonds are issued in global, rather than definitive form (as is invariably the case with debt securities issued in the international capital markets) the bearer or holder of the global note (ie the bondholder) will

This Practice Note provides guidance on the enforcement of an EU court default judgment in the courts of another EU Member State when relying on the enforcement provisions in Regulation (EU) 1215/2012, Brussels I (recast). The Practice Note considers various issues including service of the originating document and the bases on which the default judgment may be refused. Service of the originating document Generally, when seeking to enforce a default judgment, it will be necessary to show that there has been effective service of the originating document. This evidences that the proceedings were brought to the attention of the defendant, ie the judgment debtor under the default judgment. This gives rise to two considerations explored below. What information does the enforcing court consider to determine whether there was effective service? The court, when seeking to enforce a judgment under the regulation, is able to review the manner and mode of service of the originating document to ensure that it was validly served on the defendant. This principle was set out by the Court of Justice

This Practice Note describes the ways in which a claimant can enforce an unpaid monetary award (ie unpaid compensation award) made by an employment tribunal or the EAT in England and Wales, including the enforcement of any costs order that may have been made. It covers the government’s penalty scheme for employment tribunal awards and Acas conciliated (COT3) settlements and the ‘naming and shaming’ scheme for employers who fail to pay employment tribunal awards that have been registered under the penalty scheme. Enforcement for non-compliance via the County Court and the fast track enforcement procedure for a tribunal award and a COT3 settlement is also examined. The Practice Note also considers interest, enforcement of costs awards, enforcement of EAT awards, insolvency and how proceedings can be instituted or continued on behalf of a deceased claimant. For information on enforcement in Scotland, see Practice Note: How to enforce employment tribunal awards and Acas COT3 settlements in Scotland. The main ways in which an individual can pursue and seek enforcement of an unpaid tribunal

This Practice Note details initial considerations when considering the enforcement of a financial order made in family proceedings, including the applicable rules for each method of enforcement. It also provides guidance on orders that may be made where a party is in contempt, such as a Hadkinson order, and when interest may be payable in relation to a financial order. General principles It may be necessary to enforce part or all of an order made within financial proceedings and regard should be had to requirements for leave and limitation periods, see Practice Note: Limitations on enforcement. Where an order of the court consists in part of a recital containing an agreement imposing an obligation on a party and in part an order, the recital may be enforced provided the court would have had jurisdiction to make an order in like terms (H v H (Financial Provision)). In contrast, where the substance of the obligation imposed by the recital is not one that could have been ordered by the court, there is no mechanism to enforce

This Practice Note explains the consequences of breaching a forced marriage protection order (FMPO) and the offence that may be committed. It also explains when a warrant of arrest may be issued and the steps that may be taken after an arrest has taken place. Forced marriage is a criminal offence as is breach of an FMPO. It is no longer possible to attach a power of arrest to an FMPO. Breach of a forced marriage protection order A person commits a criminal offence if they: • use violence, threats or any other form of coercion for the purpose of causing another person to enter into a marriage, and • believe, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage without free and full consent In relation to a victim who lacks capacity (within the meaning of the Mental Capacity Act 2005) to consent to marriage, the offence under ABCPA 2014, s 121(1)) is capable of being committed by any conduct carried out for the

Arbitration analysis: The enforcement of foreign arbitral awards and court judgments in Russia has undergone significant transformation since 2022. While the formal legislative framework remains largely unchanged, judicial practice has evolved in response to geopolitical developments, sanctions regimes, and the designation of certain states as ‘unfriendly’. Professor Yarik Kryvoi, an expert on Russian law, considers the issues.