The award and enforcement — overviewForm and nature of awards

A tribunal may deliver awards during and at the end of the arbitral process. Unless parties agree otherwise, the award must be a certain form, as set out in the Arbitration Act 1996, institutional rules or UNCITRAL. The award must record the tribunal's findings, but it also provides other information such as the factual background to the case and the issues in dispute.

There are different types of award depending on the issues being dealt with and when the award is made, for example, a partial award and a final award.

Other issues to consider are:

• the wide range of remedies that can be set out in an award

• the time limits for making an award

• an award maybe withheld by a tribunal when exercising a lien

• how the date of the award is determined

Correction of an arbitral award

Any correction of an arbitral award will form part of that award. The powers of a tribunal to correct an award can be agreed by the parties. In the absence of any such agreement, the Arbitration Act 1996 provides that an award maybe corrected either by the tribunal on its own initiative or on an application by a party. it is important to be aware of the procedure to make an application for correction and in particular the time limits which apply.

Enforcing awards — non-New York Convention

Where the court gives permission, an award may be enforced by way of a judgment being entered on the same terms as the award. The court will not give permission in certain circumstances, for example, where it is shown that the tribunal lacked jurisdiction to make the award.

The procedure to enforce such an award is set out in the Civil Procedure Rules.

Enforcing awards — New York Convention

The New York Convention (the NYC) assists parties in enforcing awards in any of the signatory states to the convention. The convention requires any award to be in a particular form. NYC awards are recognised as binding on the parties to the arbitration agreement. To enforce the award a party has to apply to have the award recognised and for permission to enforce. When obtained, an award may be enforced by entering judgment in the terms of the award.

In England and Wales the procedure for recognition and permission to enforce is set out in the Civil Procedure Rules. Recognition and enforcement may be refused but only in specific circumstances as set out in the NYC and the Arbitration Act 1996.