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Detailed Practice Notes written by our Professional Support Lawyers, guiding you through the key issues in each topic.
Enforcement - overview
The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 is referred to as the New York Convention.
Enforcing awards - non-New York Convention
Where a party to arbitration seeks to enforce its award in England, it must seek permission from the English court. 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.
For more detail see Practice Note: Enforcing awards - non New York Convention.
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. To enforce the award under the convention, it must be in a particular form and a party must apply to the court to have the award recognised and for permission to be enforced. 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.
For more detail see Practice Note: Enforcing awards - New York Convention.
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