Legal framework On 23 December 2003, Spain adopted Law 60/2003 on arbitration (the Arbitration Law), which is based on the United Nations’ 1985 Model Law on International Commercial Arbitration (the Model Law). On 20 August 2015, the Law 29/2015 on International Legal Cooperation (the LCJI) was enacted in order to regulate inter alia the recognition of foreign arbitral awards and other judicial decisions (LCJI, arts. 52–55). Moreover, Organic Law 6/1985 on the Judiciary (LOPJ) and the Code of Civil Procedure (LEC 2000) regulate all procedural matters beyond the Arbitration Law. Note: Spanish court judgments referred to in this Practice Note are not reported by LexisNexis UK. Domestic, international and foreign arbitral awards The enforcement procedure of an arbitral award varies depending on whether it is considered a domestic, international or foreign award. Domestic and international arbitral awards The Arbitration Law applies to all arbitral proceedings, whether domestic or international, whose arbitral seat is in Spain without prejudice to the provisions of any applicable international treaty or other special law.

This Practice Note considers the recognition and enforcement of arbitral awards in the British Virgin Islands (BVI). The Arbitration Act 2013—an introduction to recognition and enforcement of arbitral awards in the BVI On 1 October 2014, the Arbitration Act 2013 (the Arbitration Act 2013) came into force in the BVI. The Arbitration Act 2013 replaced the Arbitration Ordinance 1976 (the old Act) and is a modern arbitration statute. The Arbitration Act 2013 was designed to remedy the shortcomings of the old Act. It adopted the UNCITRAL Model Law, subject to some limited modifications and supplementation. As might be expected for a statute grounded in the concept of comity, the Arbitration Act 2013 expressly provides that in construing its terms the courts must consider its international origin and the need to promote uniformity in its application and the observance of good faith. As a further complement to the implementation of the Arbitration Act 2013, on 25 May 2014 the UK (after liaising with the Governor’s

This Practice Note considers the recognition and enforcement of domestic and foreign arbitral awards in the Cayman Islands. For a short introduction to the arbitration regime in the Cayman Islands, including the Arbitration Act 2012 (the 2012 Act), see Practice Note: Stay of court proceedings and anti-suit injunctions in support of arbitration in the Cayman Islands—an introduction to the Cayman Islands arbitration regime. Note: the judgments of the Cayman Islands courts referred to in this Practice Note are not reported by LexisNexis® UK. The regime for the enforcement of arbitral awards in the Cayman Islands The UK government extended the operation of the 1958 New York Convention on the Enforcement of Arbitral Awards (the New York Convention) to the Cayman Islands by way of a notification to the Secretary General of the United Nations, which took effect on 24 February 1981. The notification contained the reservation that the Cayman Islands would apply the New York Convention only to the recognition and enforcement of arbitral awards made

Parties transacting business in the UAE often opt for international arbitration as the mechanism for resolving contractual disputes. On 3 May 2018, the UAE enacted the Federal Law No 6 of 2018 on Arbitration which has recently been amended by the Federal Decree-Law No 15 of 2023 (the ‘UAE Federal Arbitration Law’). The UAE Federal Arbitration Law, which came into effect on 16 June 2018, is the first stand-alone piece of legislation on arbitration and repeals the provisions of Articles 203–218 of the UAE Civil Procedures Law (the ‘Federal Law No 11 of 1992’), which had previously governed arbitrations seated in the UAE. The UAE Federal Arbitration Law applies to all UAE-seated domestic arbitrations (except for those seated in the Dubai International Finance Centre (‘DIFC’) and the Abu Dhabi Global Market (‘ADGM’), which are exempt-free zones), to new arbitrations seated in the UAE, unless the parties agree otherwise, and to international commercial arbitrations where the parties have agreed that the UAE Federal Arbitration

Arbitration analysis: In this case, the defendant (Alstom) sought to challenge the claimant’s (ABL’s) enforcement of an International Chamber of Commerce (ICC) arbitral award in England and Wales (England, for short). Alstom argued that enforcement of the award would be contrary to section 103(3) of the Arbitration Act 1996 (AA 1996) because it believed that ABL had engaged in bribery. Mrs Justice Cockerill, in the Commercial Court, dismissed Alstom’s application. The judge held that, on balance, the arbitral tribunal had not determined the bribery allegation ‘on the facts’. However, Alstom had had all the evidence it needed to make its bribery allegations during the course of the arbitration proceedings and it was an abuse of process to wait to only deploy those arguments fully at the enforcement stage. The judge also rejected Alstom’s arguments that: enforcement of the award would be contrary to EU law; that the earlier decision of the Paris Court of Appeal gave rise to an issue estoppel; and, that ABL had breached its duty of full and frank disclosure. Written by Sarah Tulip, barrister, and Clarissa Jones, second six pupil, at 3 Verulam Buildings. Sarah acted for Alexander Brothers Ltd, led by Christopher Harris QC.

This Practice Note details the provisions in the Family Procedure Rules 2010, PD 12B concerning the steps that can be taken to enforce a child arrangements order (CAO). It sets out the requirement to attach a warning notice to CAOs. It also deals with enforcement orders that can impose an unpaid work requirement and financial compensation orders. General enforcement provisions A CAO is an order regulating arrangements relating to any of the following: • with whom a child is to live, spend time or otherwise have contact, and • when a child is to live, spend time or otherwise have contact with any person See Practice Notes: Child arrangements orders—residence and Child arrangements orders—with whom a child is to spend time or otherwise have contact. Enforcing contact orders in particular has been notoriously difficult and often protracted, especially in cases of implacable hostility. Applications for committal for breach of an order have been seen as remedies of last resort in view of the impact they may have on the child. The court will consider whether the order

This Practice Note explains how to enforce an order made in private law children proceedings and the methods of enforcement available. It explains about search and recovery. It sets out the provisions that apply specifically to enforcement of child arrangements orders (CAOs). It also explains about activity directions and conditions and the courts general powers of enforcement including applications for contempt of court. It looks at the use of orders for peremptory return of a child and transfer of residence and family assistance orders. Search and recovery Where a person is required by an order under section 8 of the Children Act 1989 (ChA 1989) to give up a child to another person and the court that made that order is satisfied that the child has not been given up, it may make a search and recovery order, authorising an officer of the court or a constable to take charge of the child and to deliver them up to that other person. The police generally have the power and a duty to assist in the handing over

Not all judgments and orders are for payment of money by one party to another; instead the judgment or order may be a direction that a party do something. If the party ordered to do a particular act fails to do so, the court can intervene to ensure that the act required is still accomplished. CPR 70.2A is directed to that end and should be considered alongside other provisions for contempt in failing to comply with a court order (which are however separate—see: Tapecrown). Which court orders are covered by CPR 70.2A CPR 70.2A applies where a party has obtained any of the following: • a mandatory order—eg party A obtains an order that party B destroy certain goods which breach design rights • an injunction—eg party A obtains an injunction requiring

Restructuring & Insolvency analysis: The Court of Appeal held that a judgment creditor could enforce debts from pension rights to which the bankrupt debtor was entitled. Under section 37(1) of the Senior Courts Act 1981 (SCA 1981), which confers upon the court the power to grant injunctions and appoint receivers, the debtor could properly be ordered to delegate to his creditors’ solicitors his own powers under his pension scheme, such that his pension fund be made for the purposes of enforcement. The Court of Appeal affirmed that it is no bar to injunctive relief that it may be unprecedented in nature; the power to grant injunctions can develop incrementally. The decision highlights the flexibility of injunctive relief and the range of relatively expeditious enforcement methods available to creditors. Written by Millie Rai, barrister at New Square Chambers.

Swedish law makes a distinction between ‘Swedish arbitral awards’ and ‘foreign arbitral awards’. Swedish arbitral awards will be enforced in the same way as Swedish court judgments. No exequatur proceedings are necessary for such awards. To enforce a foreign arbitral award in Sweden, however, you need to first obtain exequatur from the Court of Appeal and then turn to the Swedish Enforcement Authority to have the award enforced. The procedure is relatively simple and will take a couple of weeks unless the opposing party raises objections, in which case the procedure can take considerably longer. This practice note will only deal with the enforcement of foreign arbitral awards. Before delving into the rules governing the enforcement of foreign arbitral awards in Sweden, a short account on the invalidity and the setting aside of an arbitral award will be presented. The Swedish Arbitration Act (the SAA) contains rules on invalidity of awards and the setting aside of awards. Section 33 of the SAA contains the grounds for invalidity

Dispute Resolution analysis: What should happen to an English court order enforcing a foreign judgment, when that foreign judgment is subsequently successfully appealed? Noting a surprising lack of authority on the point, the court concluded it had the power to, and did, exercise its discretion to set aside the final order under CPR 3.1(7). In reaching that decision, the court recognised that the circumstances in which a final order (such as this one) can be varied or revoked are ‘very rare’. Given the importance of this point and the lack of appellate authority, an appeal is due to be heard by the Court of Appeal by January 2026. Written by Harriet Campbell, senior knowledge lawyer at Penningtons Manches Cooper LLP.

This Practice Note considers the application of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (FJ(RE)A 1933/the Act), alongside the provisions in CPR 74, for the enforcement of foreign judgments in the courts of England and Wales (English courts). It considers the relevance of the Act, the countries and territories to which it applies, the conditions for registration, the procedure for registration, the evidence required for the application, the registration order and the effect of registration. The Practice Note also explains how to set aside registration. For guidance: • when enforcing a judgment of the English courts outside the jurisdiction, see Practice Note: Cross-border enforcement of English judgments—principles • on the application of the Act when dealing with insolvency claims, see Practice Note: Insolvency judgments and the Foreign Judgments (Reciprocal Enforcement) Act 1933 Relevance of the Act The Act is a statutory exception to the position that at common law, a foreign judgment can only be enforced in England and Wales by commencing proceedings with the foreign judgment as the