Enforcing an arbitration award under the Arbitration Act 1996 can prove a bumpy ride, as Clare Arthurs & Margaret Tofalides explain
The arbitrator has made an award in your favour. The other side has not sought to challenge it. However, you cannot yet rest on your laurels. The award is only worth the paper it is written on until it has been fulfilled or enforced.
Enforcement under the Arbitration Act 1996
The role of the UK courts in relation to arbitration is regulated by the Arbitration Act 1996 (AA 1996), which contains several distinct procedures for enforcing an award.
The recognition and enforcement of foreign awards is dealt with in Pt III. An award made in the territory of a state which is party to the New York Convention (NYC Awards) may be recognised and enforced in England (ss 100–104). These sections also set out the circumstances in which a NYC Award will not be recognised or enforced. Foreign awards which are not also NYC Awards (eg, Geneva
