header-logo header-logo

Partial enforcement of New York Convention awards

30 October 2008
Issue: 7343 / Categories: Features , Procedure & practice
printer mail-detail

Janna Purdie looks at partial enforcement of New York Convention awards following a Court of Appeal decision earlier this month.

Perhaps surprisingly there was no English case law on the issue of whether or not a party could seek partial enforcement of a Convention award. The issue came before the court this month when Nigerian National Petroleum (NNP) appealed the issue to the Court of Appeal.

In delivering its judgment, the Court of Appeal clearly applied the spirit of the Convention, being the effective and speedy enforcement of awards, and took into account the importance of uniformity in the interpretation of international conventions. Under the judgment parties may now seek partial enforcement of a Convention award.
Facts of the case

Following an arbitration in Lagos, in which an award was made against NNP, NNP applied to the Federal High Court in Nigeria in 2004 to set aside the award (the challenge).

IPCO applied to the English courts in 2005 to enforce the award. Although that application was successful, Mr Justice Gross adjourned

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Law students and graduates can now apply to qualify as solicitors and barristers with the Crown Prosecution Service (CPS)
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll